GIFT  OF 


PUBLIC  SCHOOL  LAWS 

OF  LOUISIANA 


SANITARY  REGULATIONS  OF  THE  STATE 
BOARD  OF  HEALTH  AND  THE  IMPOR- 
TANT DECISIONS  OF  THE  SUPREME  COURT 
OF  LOUISIANA,  RELATIVE  TO  SCHOOLS 


NINTH    COMPILATION 
(Containing  All  Laws,  Regulations,  etc.,  Now  in  Force.) 


T.  II.  HARRIS,  STATE  SUPERINTENDENT. 

1914 


BATON    ROUGE 

RA  MIRES-JONES  PHINTINQ  COMPANY 
1914 


PUBLIC  SCHOOL  LAWS 

OF  LOUISIANA 


SANITARY  REGULATIONS  OF  THE  STATE 
BOARD  OF  HEALTH  AND  THE  IMPOR- 
TANT  DECISIONS  OF  THE  SUPREME  COURT 
OF  LOUISIANA,  RELATIVE  TO  SCHOOLS. 


NINTH    COMPILATION 
(Containing  All  Laws,  Regulations,  etc.,  Now  in  Force.) 


T.  H.  HARRIS,  STATE  SUPERINTENDENT. 
1914 


BATON    ROUGE 

KAMIRES-.JONES  PRINTING  COMPANY 
1914 


11 


STATE  BOARD  OF  EDUCATION. 


GOVERNOR  LUTHER  E.  HALL Baton  Rouge. 

SUPERINTENDENT  T.  H.  HARRIS Baton  Rouge. 

HON.  R.  K.  BONEY Duckport. 

HON.  D.  C.  SCARBOROUGH Natchitoches. 

HON.  W.  E.  KREBS Lake  Charles. 

HON.  ROBERT  MARTIN St.  Martinville. 

HON.  J.  ZACH  SPEARING New  Orleans. 

HON.  T.  J.  BUTLER Ponchatoula. 

HON.  RUFFIN  G.  PLEASANT New  Orleans. 

HON.  D.  M.  ATKINS  . .  .  Arcadia. 


Articles  of  the  Constitution  Having  Reference 
to  Public  Education. 


(Art.  53.      Limitation   of   Legislative   Powers.) 

No  money  shall  ever  be  taken  from  the  public  treasury,  di- 
rectly or  indirectly,  in  aid  of  any  church,  sect  or  denomination 
of  religion,  or  in  aid  of  any  priest,  preacher,  minister  or  teacher 
thereof,  as  such ;  and  no  preference  shall  ever  be  given  to,  nor 
any  discrimination  made  against,  any  church,  sect  or  creed  of 
religion,  or  any  form  of  religious  faith  or  worship;  nor  shall 
any  appropriation  be  made  for  private,  charitable  or  benevolent 
purposes  to  any  person  or  community;  provided,  this  shall  not 
apply  to  the  State  Asylum  for  the  Insane  and  State  Institution 
for  the  Deaf  and  Dumb  and  State  Institution  for  the  Instruction 
of  the  Blind,  and  the  charity  hospitals  and  public  charitable 
institutions  conducted  under  State  authority. 

(Art.  230.    Educational   Institutions   Exempt  from  Taxation.) 

.  The  following  shall  be  exempt  from  taxation,  and  no  other, 
viz :  All  public  property,  places  of  religious  worship,  or  burial, 
all  charitable  institutions,  all  buildings  and  property  used  ex- 
clusively for  public  monuments  or  historical  collections,  colleges 
and  other  school  purposes,  the  real  and  personal  estate  of  any 
library,  and  that  of  any  other  library  association  used  by  or 
connected  with  such  library,  all  books  and  philosophical  appa- 
ratus, and  all  paintings  and  statuary  of  any  company  or  asso- 
ciation kept  in  a  public  hall ;  provided,  the  property  so  exempted 
be  not  leased  for  purposes  of  private  or  corporate  profit  and 
income.  ****** 

(Art.  231.      Poll   Tax   of  One    Dollar.) 

'Jhe  General  Assembly  shall  levy  an  annual  poll  tax  of  one 
dollar  upon  every  male  inhabitant  in  the  State  between  the 
ji^vs  of  twenty-one  and  sixty  years,  for  the  maintenance  of  the 
public  schools  in  the  parishes  where  collected. 

(Art.  232.     School   Tax   on   a   Vote  of   Property   Taxpayers.) 

The  State  tax  on  property  for  all  purposes  whatever,  includ- 
ing expenses  of  government,  schools,  levees  and  interest,  shall 
not  exceed  in  any  one  year,  six  mills  on  the  dollar  of  its  assessed 


293031 


valuation,  and,  except  as  otherwise  provided  in  this  Constitution, 
no  parish,  municipal  or  public  board  tax  far  all  purposes  what- 
soever, shall  exceed  in  any  one  year  ten  mills  on  the  dollar  of 
valuation;  provided,  that  for  giving  additional  support  to  public 
schools,  and  for  the  purpose  of  erecting  and  constructing  public 
buildings,  public  schoolhouses,  bridges,  wharves,  levees,  sewerage 
work  and  other  works  of  permanent  public  improvement,  the 
title  to  which  shall  be  in  the  public,  any  parish,  municipal  cor- 
poration, ward  or  school  district  may  levy  a  special  tax  in  excess 
of  said  limitation,  whenever  the  rate  of  such  increase  and  the 
number  of  years  it  is  to  be  levied  and  the  purposes  for  which  the 
tax  is  intended,  shall  have  been  submitted  to  a  vote  of  the  prop- 
erty taxpayers  of  each  parish,  ward  or  school  district  entitled 
to  vote  under  the  election  laws  of  the  State,  and  a  majority  of 
the  same  in  numbers  and  in  value  voting  at  such  election  shall 
huve  voted  therefor. 

(Art.  248.     Free  Schools;     for  Whom;     Apportionment  of   Funds.) 

There  shall  be  free  public  schools  for  the  white  and  colored 
races,  separately  established  by  the  General  Assembly,  through- 
out the  State,  for  the  education  of  all  the  children  of  the  State 
between  the  ages  of  six  and  eighteen  years;  provided,  that  where 
kindergarten  schools  exist,  children  between  the  ages  of  four 
and  six  may  be  admitted  into  said  schools.  All  funds  raised 
by  the  State  for  the  support  of  public  schools,  except  tie  poll 
tax,  shall  be  distributed  to  each  parish  in  proportion  to  the  num- 
ber of  children  therein  between  the  ages  of  six  and  eighteen 
years.  The  General  Assembly,  at  its  next  session,  shall  provide 
for  the  enumeration  of  educable  children. 

(Art.  249,  as  amended  by  Act  28  of  1908.     State  Superintendent.) 

There  shall  be  elected  by  the  qualified  electors  of  the  State  a 
Superintendent  of  Public  Education,  who  shall  hold  his  office  for 
the  term  of  four  years,  and  until  his  successor  is  qualified.  His 
duties  shall  be  prescribed  by  law,  and  he  shall  receive  an  annual 
salary  of  five  thousand  dollars. 

(Art.  250.     State   Board   of   Education;     Parish    Boards  and   Officers.) 

The  Genera]  Assembly  shall  provide  for  the  creation  of  a 
State  Board  and  Parish  Boards  of  Public  Education.  The  Parish 
Boards  shall  elect  a  Parish  Superintendent  of  Public  Education 


5 

for  their  respective  parishes,  whose  qualifications  shall  be  fixed 
by  the  Legislature,  and  who  shall  be  ex-officio  secretary  of  the 
Parish  Board.  The  salary  of  the  Parish  Superintendent  shall 
be  provided  for  by  the  General  Assembly,  to  be  paid  out  of  the 
public  school  funds  accruing  to  the  respective  parishes. 

(Art.  251.      French    May    Be  Taught.) 

The  general  exercises  in  the  public  schools  shall  be  conducted 
in  the  English  language ;  provided,  that  the  French  language  may 
be  taught  in  those  parishes  or  localities  where  the  French  lan- 
guage predominates,  if  no  additional  expense  is  incurred  thereby. 

(Art.  252.     Application   of  the   Poll  Tax.) 

The  funds  derived  from  the  collection  of  the  poll  tax  shall 
be  applied  exclusively  to  the  maintenance  of  the  public  schools 
as  organized  under  this  Constitution,  and  shall  be  applied  ex- 
clusively to  the  support  of  the  public  schools  in  the  parish  in 
which  the  same  shall  be  collected,  and  shall  be  accounted  for 
and  paid  by  the  collecting  officer  directly  to  the  treasurer  of 
the  local  school  board. 

(Art.  253.     Private  and  Sectarian  Schools  Cannot  Receive  Public  School 
Funds.) 

No  funds  raised  for  the  support  of  the  public  schools  of  the 
State  shall  be  appropriated  to  or  used  for  the  support  of  any 
private  or  sectarian  schools. 

(Art.   254.      School    Funds— Of    What   They    Shall    Consist,) 

The  school  funds  of  the  State  shall  consist  of:  1st.  Not  less 
than  one  and  one-quarter  mills  of  the  six  mills  tax  levied  and 
collected  by  the  State.  2d.  The  proceeds  of  taxation  for  school 
purposes  as  provided  by  this  Constitution.  3d.  The  interest  on 
the  proceeds  of  all  public  lands  heretofore  granted  or  to  be 
granted  by  the  United  States  for  the  support  of  the  public 
schools,  and  the  revenues  derived  from  such  lands  as  may  remain 
unsold.  4th.  All  funds  and  property,  other  than  unimproved 
lands,  bequeathed  or  granted  to  the  State,  not  designated  for 
any  other  purpose.  5th.  The  proceeds  of  vacant  estates  falling 
under  the  law  to  the  State  of  Louisiana.  6th.  The  legislature 
may  appropriate  to  the  same  fund  the  proceeds  of  public  lands 
not  designated  or  set  apart  for  any  other  purpose,  and  shall 


provide  that  every  parish  may  levy  a  tax  for  the  publib  schools 
therein,  which  shall  not  exceed  the  entire  State  tax;  provided, 
that  with  such  a  tax  the  whole  amount  of  parish  taxes  shall  not 
exceed  the  limits  of  parish  taxation  fixed  by  this  Constitution. 
The  City  of  New  Orleans  shall  make  such  appropriations  for 
the  support,  maintenance  and  repair  of  the  public  schools  of 
said  city  as  it  may  deem  proper,  but  not  less  than  eight-tenths 
of  one  mill  for  one  year;  and  said  schools  shall  continue  to 
receive  from  the  Board  of  Liquidation  of  the  City  Debt,  the 
amounts  to  which  they  are  now  entitled  under  the  Constitutional 
amendment,  adopted  in  the  year  1892. 

(Art.  255.    School  Funds;  of  What  They  Shall  Consist.) 

The  Legislature  may  appropriate  to  the  same  funds  the  pro- 
ceeds of  public  lands  not  designated  or  set  apart  for  any  other 
purpose,  and  shall  provide  that  every  parish  may  levy  a  tax  for 
the  public  schools  therein,  which  shall  not  exceed  the  entire  State 
tax ;  provided,  that  with  such  a  tax  the  whole  amount  of  parish 
taxes  shall  not  exceed  the  limits  of  parish  taxation  fixed  by  this 
Constitution. 

The  City  of  New  Orleans  shall  make  such  appropriation  for 
the  support,  maintenance  and  repair  of  the  public  schools  of 
said  city  as  it  may  deem  proper,  but  not  less  than  eight-tenths 
of  one  mill  for  any  one  year ;  and  said  schools  shall  also  continue 
to  receive  from  the  Board  of  Liquidation  of  the  City  Debt,  the 
amounts  to  which  they  are  now  entitled  under  the  Constitutional 
amendment,  adopted  in  the  year  1892. 

The  police  juries  of  the  several  parishes  and  boards  of  trus- 
tees and  municipal  councils  of  incorporated  cities  and  towns 
(the  Parish  of  Orleans  excepted)  shall  levy,  collect  and  turn  over 
to  the  parish  school  boards  of  their  respective  parishes,  cities  or 
towns,  the  proceeds  of  at  least  three  mills  of  the  annual  tax 
which  they  are  empowered  to  levy  on  each  dollar  of  the  assessed 
valuation  of  the  property  thereof.  Provided,  that  cities  and 
towns  that  are  not  exempted  by  the  terms  of  their  charters  from 
the  payment  of  parish  taxes  and  which  are  subjected  to  the  simi- 
lar burdens  of  taxation  as  are  the  parishes  shall  not  pay  this  tax, 
as  same  is  included  in  the  taxes  imposed  by  the  parish  in  which 


the  town  is  situated,  unless  the  parish  boards  of  school  directors 
of  that  parish  certify  that  the  needs  of  the  school  can  be  met 
by  a  smaller  levy  of  such  taxes. 

(Art.  256.     Louisiana  State  University  and  A.  &   M.  College.) 

The  Louisiana  State  University  and  Agricultural  and  Mechan- 
ical College,  founded  upon  land  grant  of  the  United  States 
to  endow  a  seminary  of  learning  and  a  college  for  the  benefit  of 
agriculture  and  mechanic  arts,  now  established  and  located  in 
the  City  of  Baton  Rouge,  is  hereby  recognized ;  and  all  revenues 
derived  and  to  be  derived  from  the  seminary  fund,  the  Agricul- 
tural and  Mechanical  College  fund,  and  other  funds  or  lands 
donated  to  or  to  be  donated  by  the  United  States  to  the  State  of 
Louisiana  for  the  use  of  a  seminary  of  learning  or  of  a  college 
for  the  benefit  of  agriculture  or  the  mechanic  arts,  shall  be  ap- 
propriated excusively  to  the  maintenance  and  support  of  the 
said  Louisiana  State  University  and  Agricultural  and  Mechanical 
College;  and  the  General  Assembly  shall  make  such  additional 
appropriations  as  may  be  necessary  for  its  maintenance,  support, 
and  improvement,  and  for  the  establishment,  in  connection  with 
said  institution,  of  such  additional  scientific  or  literary  depart- 
ments as  the  public  necessities  and  the  well-being  of  the  people 
of  Louisiana  may  require. 

The  Tulane  University  of  Louisiana,  located  in  New  Orleans, 
is  hereby  recognized  as  created,  and  to  be  developed  in  accord- 
ance with  the  provisions  of  the  legislative  act  No.  43,  approved 
July  5th,  18847  and  by  approval  of  the  electors,  made  part  of 
the  Constitution  of  the  State. 

(Art.  257.) 

The  Louisiana  State  Normal  School,  established  and  located 
at  Natchitoches ;  the  Industrial  Institute  and  College  of  Louisi- 
ana, whose  name  is  hereby  changed  to  the  Louisiana  Industrial 
Institute,  established  and  located  at  Ruston;  and  the  Southern 
University,  now  established  in  the  City  of  New  Orleans,  for  the 
education  of  persons  of  color,  are  hereby  recognized;  and  the 
General  Assembly  is  directed  to  make  such  appropriations  from 
time  to  time  as  may  be  necessary  for  the  maintenance,  support 
and  improvement  of  these  institutions ;  provided,  that  the  appro- 
priation for  the  maintenance  and  support  of  the  Southern  Uni- 
versity shall  not  exceed  ten  thousand  dollars  per  annum. 


8 

(Art.    258.      Interest    Due   the    Townships.) 

The  debt  due  by  the  State  to  the  free  school  fund  is  hereby 
declared  to  be  the  sum  of  one  million,  one  hundred  and  thirty 
thousand,  eight  hundred  and  sixty-seven  dollars  and  fifty-one 
cents  in  principal,  and  shall  be  kept  on  the  books  of  the  Auditor 
and  Treasurer  to  the  credit  of  the  several  townships  entitled  to 
the  same;  the  said  principal  being  the  proceeds  of  the  sales  of 
lands  heretofore  granted  by  the  United  States  for  the  use  and 
support  of  free  public  schools  which  amount  shall  be  held  by 
the  State  as  a  loan,  and  shall  be  and  remain  a  perpetual  fund,  on 
which  the  State  shall  pay  an  annual  interest  of  four  per  cent, 
and  said  interest  shall  be  paid  to  the  several  townships  of  the 
State  entitled  to  the  same,  in  accordance  with  the  Act  of  Con- 
gress, No.  68,  approved  February  15th,  1843. 

(Art.  259.     Debt   Due   Seminary    Fund.) 

The  debt  due  by  the  State  to  the  Seminary  fund  is  hereby 
declared  to  be  one  hundred  and  thirty-six  thousand  dollars,  being 
the  proceeds  of  the  sale  of  lands  heretofore  granted  by  the 
United  States  to  this  State  for  the  use  of  a  seminary  of  learning, 
and  said  amount  shall  be  kept  to  the  credit  of  said  fund  on  the 
books  of  the  Auditor  and  Treasurer  of  the  State  as  a  perpetual 
loan,  and  the  State  shall  pay  an  annual  interest  of  four  per  cent 
on  said  amount. 

(Art.  260.     Debt  Due  A.  and    M.  College.) 

The  debt  due  by  the  State  to  the  Agricultural  and  Mechan- 
ical College  fund  is  hereby  declared  to  be  the  sum  of  one  hun- 
dred and  eighty-two  thousand,  three  hundred  and  thirteen  dol- 
lars and  three  cents,  being  the  proceeds  of  the  sale  of  lands  and 
land  scrip  heretofore  granted  by  the  United  States  to  this  State 
for  the  use  of  a  college  for  the  benefit  of  agricultural  and 
mechanical  arts;  the  said  amount  shall  be  kept  to  the  credit  of 
said  fund  on  the  books  of  the  Auditor  and  Treasurer  of  the 
State  as  a  perpetual  loan,  and  the  State  shall  pay  an  annual 
interest  of  five  per  cent  on  said  amount. 

(Art.  261.     School    Books  for   Indigent   Pupils.) 

All  pupils  in  the  primary  grades  of  the  public  schools 
throughout  the  Parish  of  Orleans,  unable  to  provide  themselves 
with  the  requisite  books,  an  affidavit  to  that  effect  having  been 


made  by  one  of  the  parents  of  such  pupils,  or  if  such  parents 
be  dead,  then  by  the  tutor  or  other  person  in  charge  of  such 
pupils,  shall  be  furnished  with  the  necessary  books  free  of 
expense,  to  be  paid  out  of  the  school  fund  of  said  parish;  and 
the  School  Board  of  the  Parish  of  Orleans  is  hereby  directed, 
to  appropriate  annually  not  less  than  two  thousand  dollars  for 
the  purpose  named,  provided  such  amount  be  needed. 

(Art.  60.     Establishment  of  Additional    Educational   or  Charitable   Insti- 
tutions.) 

No  educational  or  charitable  institution,  other  than  the  State 
institutions  now  existing,  or  expressly  provided  for  in  this  Con- 
stitution, shall  be  established  by  the  State  except  upon  a  vote 
of  two-thirds  of  the  members  elected  to  each  House  of  the  Gen- 
eral Assembly. 

(Art.  210.     Eligibility  to  Office.) 

No  person  shall  be  eligible  to  any  office,  State,  judicial,  pa- 
rochial, municipal  or  ward,  who  is  not  a  citizen  of  this  State,  and 
a  duly  qualified  elector  of  the  State,  judicial  district,  parish, 
municipality  or  ward,  wherein  the  functions  of  said  office  are 
to  be  performed.  And  whenever  any  officer,  State,  judicial, 
parochial,  municipal  or  ward,  may  change  his  residence  from 
this  State,  or  from  the  district,  the  same  shall  thereby  be  vacated, 
any  declaration  of  retention  of  domicile  to  the  contrary  not- 
withstanding. 

(Art.   232.      Limitation   of   State  Tax;     Of   Other  Taxing    Bodies;     When 
and    How    Special    Taxes    May    Be    Levied.) 

The  State  tax  on  property  for  all  purposes  whatever,  in- 
cluding expenses  of  government,  schools,  levees  and  interest, 
shall  not  exceed,  in  any  one  year,  six  mills  on  the  dollar  of  its 
assessed  valuation,  and  except  as  otherwise  provided  in  this 
Constitution,  no  parish,  municipal  or  public  board  tax  for  all 
purposes  whatsoever,  shall  exceed  in  any  one  year  ten  mills  on 
the  dollar  of  valuation;  provided,  that  for  giving  additional 
support  to  public  schools,  and  for  the  purpose  of  erecting  and 
constructing  public  buildings,  public  school  houses,  bridges, 
wharves,  levees,  sewerage  work  and  other  works  of  permanent 
public  improvement,  the  title  to  which  shall  be  in  the  public,  any 
parish,  municipal  corporation,  ward  or  school  district  may  levy 


10 

a  special  tax  in  excess  of  said  limitation,  whenever  the  rate  of 
such  increase  and  the  number  of  years  it  is  to  be  levied  and  the 
purpose  or  purposes  for  which  the  tax  is  intended,  shall  have 
been  submitted  to  a  vote  of  the  property  taxpayers  of  such  par- 
ish, municipality,  ward  or  school  district  entitled  to  vote  under 
the  election  laws  of  the  State,  and  a  majority  of  the  same  in 
numbers,  and  in  value  voting  at  such  election  shall  have  voted 
therefor. 

(Art.  235.      Inheritance  Tax  for   Public   Schools.) 

The  Legislature  shall  have  power  to  levy,  solely  for  the  sup- 
port of  the  public  schools,  a  tax  upon  all  inheritances,  legacies 
and  donations;  provided,  no  direct  inheritance,  or  donation,  to 
any  ascendant  or  descendant,  below  ten  thousand  dollars  in 
amount  or  value  shall  be  so  taxed;  provided,  further,  that  no 
such  tax  shall  exceed  three  per  cent  for  direct  inheritances  and 
donations  to  ascendants  or  descendants,  and  ten  per  cent  for 
collateral  inheritances,  and  donations  to  collaterals  or  strangers ; 
provided,  bequests  to  educational,  religious  or  charitable  institu- 
tions shall  be  exempt  from  this  tax. 

(Art.  236.) 

The  tax  provided  for  in  the  preceding  article  shall  not  be 
enforced  when  the  property  donated  or  inherited  shall  have  borne 
its  just  proportion  of  taxes  prior  to  the  time  of  such  donation 
or  inheritance. 

(Art.  281,   as  amended    by   Act   197  of   1910.     School    Bonds   and    Special 

Taxes.) 

Municipal  corporations,  parishes  or  school,  drainage,  sub- 
drainage,  road,  navigation,  or  sewerage  districts,  the  City  of 
New  Orleans  excepted,  hereinafter  referred  to  as  subdivisions, 
when  authorized  to  do  so,  by  a  vote  of  a  majority  in  number 
and  amount  of  the  property  taxpayers,  qualified  to  vote  under 
the  Constitution  and  laws  of  this  State,  who  vote  at  an  election 
held  for  that  purpose,  after  due  notice  of  said  election  has  been 
published  for  thirty  (30)  days  in  the  official  journal  of  the  mu- 
nicipal corporation  or  parishes,  and  where  there  is  no  official 
journal,  in  a  newspaper  published  therein,  may  "through  their 
respective  governing  authorities"  incur  debt  and  issue  negotia- 
ble bonds  therefor,  and  each  year  while  any  bonds  issued  to  evi- 


11 

deuce  said  indebtedness  are  outstanding,  the  governing  authori- 
ties of  such  subdivision  shall  levy  and  collect  annually,  in  excess 
of  all  other  taxes,  a  tax  sufficient  to  pay  the  interest,  annually 
or  semi-annual ly,  and  the  principal  falling  due  each  year,  or 
such  amount  as  may  be  required  for  any  sinking  fund  provided 
for  the  payment  of  said  bonds  at  maturity;  provided,  that  such 
special  taxes,  for  all  purposes,  shall  not  in  any  year  exceed  ten 
(10)  mills  on  the  dollar  of  the  assessed  valuation  of  the  property 
in  such  subdivisions. 

No  bonds  shall  be  issued  for  any  other  purpose  than  that 
stated  in  the  submission  of  the  proposition  to  the  taxpayer,  and 
published  for  thirty  (30)  days  as  aforesaid,  or  for  a  greater 
amount  than  therein  mentioned;  nor  shall  such  bonds  be  issued 
for  any  other  purpose  than  for  constructing,  improving  and 
maintaining  public  roads  and  highways,  paving  and  improving 
streets,  roads  and  alleys,  purchasing  or  constructing  systems  of 
waterworks,  sewerage,  drainage,  navigation,  lights,  public  parks 
and  buildings,  together  with  all  necessary  equipments  and  fur- 
nishing, bridges  and  other  works  of  public  improvement,  the 
title  to  which  shall  rest  in  the  subdivision  creating  the  debt,  as 
the  case  may  be;  nor  shall  such  bonds  run  for  a  longer  period 
than  forty  years  (40)  from  their  date  or  bear  a  greater  rate  of 
interest  than  five  per  cent  (5)  per  annum,  or  be  sold  for  less 
than  par.  The  total  issue  of  bonds  by  any  subdivision  for  all 
purposes  shall  never  exceed  ten  per  centum  (10)  of  the  as- 
sessed valuation  of  the  property  in  such  subdivisions. 

Municipal  councils  shall  have  authority  to  create  within  their 
respective  limits  one  or  more  sewerage  districts;  and  nothing 
herein  contained  shall  prevent  drainage  districts  from  being 
established  under  the  laws  of  this  State  shall,  in  addition  to  the 
powers  hereinabove  granted,  have  the  further  power  and  au- 
thority to  levy  and  assess  annual  contributions  or  acreage  taxes 
on  all  lands  situated  in  such  districts,  for  the  purpose  of  pro- 
viding and  maintaining  drainage  systems,  not  exceeding  fifty 
(50)  cents  per  acre  for  a  period  not  exceeding  forty  (40)  years, 
when  authorized  to  do  so  by  a  majority  in  number  and  amount 
of  the  property  taxpayers  of  said  district,  qualified  to  vote  un- 
der the  Constitution  and  laws  of  this  State,  who  vote  at  an 
election  held  for  that  purpose  and  in  the  manner  provided  in 


12 

the  first  part  of  this  Article,  and  said  drainage  districts,  through 
the  Boards  of  Commissioners  thereof,  when  authorized  as  here- 
inabove  provided,  "may  incur  debt  and  issue  negotiable  bonds 
therefor,  payable  in  principal  and  interest  out  of  and  not  to  ex- 
ceed in  principal  and  interest,  the  aggregate  amount  to  be 
raised  by  said  annual  contributions  or  acreage  taxes  during  the 
period  for  which  the  same  are  levied.  No  such  drainage  bonds 
shall  be  issued  for  any  other  purpose  than  that  for  which  said 
contributions  or  acreage  taxes  were  voted  or  run  for  a  longer 
period  than  forty  (40)  years  from  their  date  or  bear  a  greater 
rate  of  interest  than  five  (5)  per  cent  per  annum  or  be  sold  for 
less  than  par. 

When  the  character  of  any  land  is  such  that  it  must  be 
leveed  and  pumped  in  order  to  be  drained  and  reclaimed,  the 
Board  of  Drainage  Commissioners  of  the  district  in  which  the 
land  is  situated,  shall,  upon  petition  of  not  less  than  a  ma- 
jority in  acreage  of  the  property  taxpayers,  resident  and  non- 
resident, in  the  area  to  be  affected,  ascertain  the  cost  of  drain- 
age and  reclaiming  said  land  and  incur  debt  against  said  land 
for  an  amount  sufficient  to  drain  and  reclaim  it,  and  issue  for 
said  debt  negotiable  bonds  running  not  longer  than  forty  (40) 
years  from  their  date  and  bearing  interest  at  a  rate  not  ex- 
ceeding five  (5)  per  centum  per  annum,  payable  annually  or 
semi-annually,  which  bonds  shall  not  be  sold  for  less  than  par; 
and  said  Board  of  Drainage  Commissioners  shall  levy  annually 
upon  said  land  forced  contributions  or  acreage  taxes  in  an 
amount  sufficient  to  maintain  the  drainage  of  said  land  and  to 
pay  the  interest,  annually  or  semi-annually,  and  the  principal 
falling  due  each  year,  or  such  amount  as  may  be  required  for 
any  sinking  fund  provided  for  the  payment  of  said  bonds  at 
maturity;  provided,  that  such  forced  contribution  or  acreage 
taxes,  for  all  purposes  shall  never  exceed  Three  Dollars  and 
Fifty  Cents  ($3.50)  per  acre  per  annum. 

The  police  juries  of  the  various  parishes  throughout  the 
State,  for  the  purpose  of  constructing  highways  and  public 
buildings  for  the  parish,  and  the  governing  authorities  of  mu- 
nicipal corporations,  for  the  purpose  of  paving  or  improving 
streets  or  alleys,  or  for  other  municipal  improvements,  after 
making  provision  for  the  payments  of  all  statutory  and  ordl- 


13 

nary  charges,  may  fund  into  bonds  running  for  a  period  not  ex- 
ceeding ten  (10)  years,  and  bearing  interest  at  a  rate  not  ex- 
ceeding five  (5)  per  centum  per  annum,  which  bonds  shall  not 
be  sold  for  less  than  par;  the  avails  of  the  residue  of  the  ten 
(10)  mill  tax  authorized  by  Article  232  of  the  Constitution  o£ 
Louisiana." 

ACT  NO.  205  OF  1912. 

Section  1.  That  after  the  expiration  of  existing  contracts, 
all  funds  of  the  State  of  Louisiana  and  of  all  parishes  and 
municipalities  thereof  and  of  all  public  boards,  commissions  and 
bodies  created  by  or  under  the  authority  of  the  State  or  of  any 
parish  or  municipality  thereof,  shall  be  deposited  daily,  when- 
ever, practicable,  in  the  fiscal  agency  or  agencies  hereinafter 
provided  for,  upon  the  terms  and  conditions  and  in  the  manner 
hereinafter  set  forth.  Such  deposits  shall  be  made  in  the  name 
of  the  State  or  of  the  parish,  municipality,  board,  commission 
or  body  authorized  by  law  to  have  the  custody  of  and  control 
over  the  disbursements  of  the  same. 

Section  2.  That  the  fiscal  agency  or  agencies  with  whom 
such  funds  shall  be  deposited  shall  be  such  bank  or  banks  organ- 
ized under  the  laws  of  the  State  of  Louisiana  or  of  the  United 
States  and  domiciled  in  this  State,  as  may  be  selected  by  the 
Board  of  Liquidation  or  by  the  proper  authority  of  the  parish, 
municipality,  commission  or  other  body  created  by  or  under 
authority  of  the  State  or  of  any  parish  or  municipality  thereof, 
as  the  case  may  be;  such  bank  or  banks  so  selected  to  give  se- 
curity for  the  safe-keeping  and  payment  of  such  deposits  and 
to  pay  interest  and  perform  other  services  for  the  State  of  Lou- 
isiana as  and  in  the  manner  hereinafter  provided. 

Section  3. 

(1)  That  all  funds  belonging  to  or  received  in  behalf  of  the 
State  of  Louisiana  by  the  State  Treasurer  shall  be  deposited  by 
the  Board  of  Liquidation  of  the  State  Debt  one-half  thereof  in 
one  or  more  banks  in  the  City  of  New  Orleans,  and  the  remainder 
in  one  or  more  banks  in  each  of  the  Congressional  Districts  in 
the  State  exclusive  of  the  first  and  second  districts,  provided, 
that  there  shall  be  as  near  as  practicable  an  equal  amount  de- 
posited in  each  district,  which  banks  shall  be  the  fiscal  agents 
of  the  State  of  Louisiana  and  are  hereinafter  referred  to  as  such. 


14 

(2)  That  all  funds  belonging  to  the  State  received  by  and  in 
the  hands  of  sheriffs  and  tax  collectors,  pending  their  transmis- 
sion to  the  State  Treasurer,  shall  be  deposited  by  the  receiving 
officer  daily,  whenever  practicable,  with  the  bank  or  banks  domi- 
ciled in  the  parish  where  said  funds  are  collected,  which  shall 
have  been  selected  in  the  manner  hereinaftr  provided,  as  the 
fiscal  agency  or  agencies,  either  of  the  State  or  of  the  particular 
parish.     When  such  funds  have  been  collected  in  parishes  in 
which  no  banks  are  domiciled,  the  same  shall  be  deposited,  in 
accordance  with  the  provisions  of  this  act,  in  a  bank  which  shall 
have  been  selected  as  the  fiscal  agent  of  the  State,  located  in 
the  parish  nearest  to  the  one  in  which  such  funds  have  been  col- 
lected.    When  such  funds  thus  deposited   are   transferred  by 
the  sheriff  and  tax  collectors  to  the  State  Treasurer,  the  bank 
or  banks  in  which  the  same  shall  have  been  deposited  shall  make 
the  transfer  in  currency  or  in  New  Orleans  exchange  without 
charge. 

(3)  That  all  funds  belonging  to  or  received  by  any  parish, 
municipality,   school  board,   drainage   or  sub-drainage   district, 
public  board,  commission  or  body  created  by  special  or  general, 
act  of  the  General  Assembly  of  the  State  of  Louisiana,  not  re- 
quired under  existing  laws  to  be  held  in  the  custody  or  pos- 
session of  the  State  Treasurer,  shall  be  deposited  by  the  police 
jury,  municipal  council,  commissioners,  or  other  proper  author- 
ity, as  the  case  may  be,  in  such  bank  or  banks  in  the  State  of 
Louisiana  as  shall  have  been  selected,  in  the  manner  hereinafter 
provided,  as  the  fiscal  agency  of  the  depositing  authority,  prefer- 
ably in  one  or  more  banks  located  within  the  parish  or  municipal 
ity  from  which  said  funds  have  been  collected, — subject  however, 
to  the  exception  contained  in  Section  No.  8  of  this  Act. 

(4)  That  all  funds  belonging  to  or  received  by  any  board, 
commission  or  body  created  or  controlled  by  any  parochial  or 
municipal  government  shall  be  deposited  in  the  bank  or  banks 
previously  selected  as  the  depository  of  such  parish  and  mu- 
nicipality; and  any  interest  earned  thereon  shall  belong  to  the 
parish  and  municipality  creating  the  said  board,  commission  or 
body. 

Section  4.     That  the  conditions  under  which  the  funds  of  the 
State  of  Louisiana  and  all  parishes  and  municipalities  thereof, 


15 

and  all  public  boards,  commissioners  and  bodies  created  by  or 
under  the  authority  of  the  State  or  of  any  parish  or  municipal- 
ity thereof,  shall  be  deposited,  are  as  follows : 

(1)  That  all  public  moneys  in  charge  of  such  authorities  shall 
be  let  by  the  depositing  authority  to  the  bidder  or  bidders  in 
the  City  of  New  Orleans  and  in  the  respective  congressional 
districts  as  provided  in  paragraph  1  of  Section  3. of  this  act, 
offering  the  highest  rate  of  interest  for  all  or  any  part  of  the 
funds  of  such  authority  consistent  with  the  safe  keeping  and 
prompt  return  thereof,  and  no  bid  shall  be  accepted  providing 
for  a  lower  rate  of  interest,  on  such  deposits,  than  3%  per  annum. 

(2)  No  amount  in  excess  of  the  capital  stock  and  surplus  of 
such  bank  shall  be  deposited  in  any  one  bank  by  one  authority. 

(3)  No  bank  shall  be  eligible  to  receive  the  deposits  of  any 
public  funds  which  shall  not  have  accompanied  its  bid  for  such 
deposit  with  a  sworn  statement  of  its  condition,  as  shown  by  its 
books  on  the  first  day  of  the  month  previous  to  its  filing  its  bid 
for  such  deposits. 

(4)  All  banks  selected  as  fiscal  agencies  or  depositories  for 
the  deposit  of  funds  belonging  to  the  State  of  Louisiana  shall  be 
required  to  lend  to  the  State  of  Louisiana  such  sums  as  the  State 
shall  have  been  authorized  to  borrow,  up  to  the  amount  of  the 
deposit  then  held  by  such  bank  at  the  same  rate  of  interest  as 
the  deposit  bears;  and  shall  be  farther  required  to  carry  the 
coupons  of  the  funded  debt  of  the  State  of  Louisiana,  and  to 
cash  without  charge  and  to  receive  on  deposit  at  par  all  checks 
drawn  by  or  in  favor  of  the  State  of  Louisiana  upon  whatsoever 
point  the  same  may  be  drawn  and  shall  be  further  required  to 
lend  their  aid  to  the  Board  of  Liquidation  in  refunding  the  bond- 
ed indebtedness  of  the  State  without  extra  charge,  all  as  a  part 
of  the  consideration  for  receiving  the  State's  deposits. 

(5)  All  parishes  and  municipalities  of  the  State  of  Louisiana 
and  all  public  boards,   commissions   and  bodies  created   by   or 
under  authority  of  the  State,  or  of  any  parish  or  municipality 
thereof,  shall  require  of  the  bank  or  banks  selected  as  it  or  their 
depositories,  in  addition  to  the  payment  of  interest,  to  lend  to 
such  board  or  authority,  when  the  same  have  been  legally  author- 
ized to  borrow,  an  amount  equal  to  the  average  deposits  which 
it  may  have  kept  in  such  bank,  at  the  same  rate  of  interest  as  its 


16 

deposit  bears ;  and  shall  further  cash  without  charge  and  receive 
on  deposit  at  par,  all  checks  drawn  by  or  in  favor  of  the  deposit- 
ing authority  on  whatsoever  point  the  same  may  be  drawn. 
Section  5. 

(1)  That  the  Board  of  Liquidation  of  the  State  of  Louisiana 
and  all  parishes  and  municipalities  thereof,  and  all  public  boards, 
commissions  and  bodies  created  by  or  under  authority  of  the 
State  or  of  any  parish  or  municipality  thereof,  shall  require  as 
security  for  deposits  made  by  them,  the  bonds  of  the  United 
States  of  America,  or  of  any  colonial  possession  thereof,  or  un- 
matured  bonds  of  the  State  of  Louisiana  or  of  any  legally  organ- 
ized subdivision  or  board  thereof,  which  shall  not  have  been  in 
default  of  interest  for  a  period  of  six  months;  the  valuation  at 
which  such  bonds  shall  be  accepted  as  security  to  be  subject  to 
the  discretion  of  the  State  Treasurer,  or  the  authority  letting 
such  deposits.     The  bonds  so  furnished  as  security  shall  be  de- 
posited with  the  State  Treasurer  or  with  the  treasurer  of  the 
authority  letting  such  deposits,  who  shall  receipt  therefor  to  the 
depositing  bank.     The  amount  of  said  security  shall  be  equal 
to  the  average  amount  of  the  deposits  of  the  State  of  Louisiana 
or  the  other  depositing  authority  as  the  case  may  be,  as  shown  by 
the  books  of  the  State  or  of  such  other  authority  for  the  previous 
year.    If  the  said  fund  shall  arise  from  some  subdivisions,  board 
or  commission  which  has  not  previously  had  any  funds  to  deposit, 
the  amount  of  security  to  be  furnished  for  the  first  year  shall 
be  equivalent  to  60%  of  the  amount  of  the  deposits  and  shall 
thereafter  be  equal  to  the  average  amount  of  such  deposit  as 
shown  by  the  books  of  such  sub-division,  board  or  commission 
as  hereinabove  provided. 

(2)  The  fiscal  agencies  and  depository  bank  may,  at  their 
option  in  lieu  of  depositing  bonds  as  provided  in  the  preceding 
paragraph,  furnish  the  indemnity  bond  of  a  duly  authorized 
surety^  company  conditioned  for  the  safe-keeping  and  return  of 
such  deposits  and  the  payment  of  the  interest  thereon,  in  a  sum 
equal  to  the  average  amount  of  deposits  determined  as  herein- 
before provided,  provided  that  no  surety  company  shall  be  ac- 
cepted as  surety  on  any  bond  for  any  one  bank  for  a  greater 
sum  than  10   p.  c.  of  the  capital  and  surplus  of  such  surety  com- 
pany ;  and  provided  further  that  such  bank  or  banks  as  afore- 


17 

said  for  part  of  the  security  required  of  them  and  give  indemnity 
bond  for  the  balance  in  such  proportion  as  it  or  they  may  see  fit. 

Section  6.  That  the  Board  of  Liquidation  of  the  State  of 
Louisiana  and  the  proper  authority  of  all  parishes,  municipalities, 
boards  and  commissions  thereof,  shall  thirty  days  before  the  ex- 
piration of  existing  contracts  entered  into  according  to  the  pres- 
ent existing  law,  being  Act  316  of  1910,  and  biennially  thereafter, 
cause  to  be  printed  a  circular  letter,  setting  forth  the  intention  of 
the  Board  of  Liquidation  or  of  the  proper  authority  in  the  par- 
ticular case  to  select,  at  a  specified  time  stated  therein,  its  fiscal 
agencies  and  depository  bank  or  banks.  One  copy  of  such  cir- 
cular and  of  this  Act  shall  be  mailed  to  each  of  the  banks  domi- 
ciled in  this  State  and  shall  be  published  in  one  or  more  news- 
papers located  in  the  City  of  New  Orleans  and  in  the  Parish  and 
municipality  in  which  the  depositing  authority  is  domiciled,  and 
a  copy  shall  be  deposited  with  the  Governor,  together  with  a 
list  of  the  banks  to  which  the  circular  has  been  sent.  Such  cir- 
cular shall  invite  bids  for  deposits,  subject  to  the  terms  of  this 
act,  a  copy  of  which  shall  accompany  each  circular. 

(2)  All  banks  desiring  to  become  fiscal  agencies  or  depositories 
of  the  State  of  Louisiana  or  of  any  subdivision  or  board  thereof, 
shall  make  application  in  writing  to  the  Board  of  Liquidation 
or  to  the  proper  authority  in  the  particular  case,  and  shall 
signify  therein  their  willingness  to  accede  to  all  the  terms  and 
conditions  of  this  act,  and  shall  attach  to  said  application^  a 
sworn  statement  of  the  condition  of  the  bank  on  the  first  of  the 
month  prior  to  the  date  of  such  application,  and  shall  state 
therein,  the  portion  of  such  deposit  in  the  City  of  New  Orleans, 
or  in  the  particular  congressional  districts  as  the  case  may  be 
for  which  it  is  making  its  bids,  and  the  rate  of  interest  which 
it  is  willing  to  pay  thereon.  Said  applications  and  the  state- 
ments of  the  banks  and  all  memoranda  relating  thereto  shall 
remain  sealed  until  the  date  specified  in  the  circular,  at  which 
time  the  same  shall  be  opened  in  the  presence  of  a  quorum  of 
the  Board  of  Liquidation  or  of  the  proper  authority  in  the  par- 
ticular case,  and  shall  be  examined,  and  the  said  fiscal  agencies 
and  depositories  shall  then  be  selected  and  notified  of  such  selec- 
tion. 


18 

(3)  All  the  bids  and  applications  received,  as  well  as  the 
sworn  statements,  shall  be  filed  for  future  reference  as  part  of 
the  proceedings  of  the  Board  of  Liquidation  or  the  proper  au- 
thority in  the  particular  case.  Police  juries  shall  not,  under  this 
Section,  be  compelled  to  issue  said  circulars  to  and  to  invite  bids 
from  banks  domiciled  outside  of  the  limits  of  their  respective  par- 
ishes, nor  shall  the  municipalities,  Boards  or  commissions  be  com- 
pelled to  issue  such  circulars  to  and  invite  bids  from  Banks  domi- 
ciled outside  of  the  limits  of  the  Parishes  wherein  they  are  re- 
spectively domiciled,  but  they  all  shall  have  the  right  to  issue 
such  circulars  to  and  invite  bids  from  Banks  domiciled  outside  of 
their  respective  parishes." 

Section  7.  That  it  shall  be  the  duty  of  the  Board  of  Liquida- 
tion and  of  all  authorities  having  the  letting  of  the  public  funds 
to  use  all  reasonable  and  proper  means  to  secure  to  the  State  the 
best  terms  and  the  highest  rate  of  interest  consistent  with  the 
safe  keeping  and  prompt  repayment  of  the  funds  when  demanded, 
and  to  let  such  funds  to  the  highest  bidder  therefor  consistent 
with  the  safety  of  such  funds. 

Section  8.  That  the  Board  of  Liquidation  of  the  State  of 
Louisiana  and  any  of  the  Boards  or  Commissions  thereof  and  any 
Parish,  School  or  Road  District  and  any  other  authority  having 
the  right  to  deposit  public  funds  which  may  have  bonds  for 
sale  may,  in  order  to  effect  a  prompt  and  satisfactory  sale  of 
such  bonds,  deposit  the  proceeds  of  such  bonds  until  used  and 
the  proceeds  of  the  tax  voted  to  pay  the  interest  and  principal  of 
such  bonds,  and  such  amounts  as  may  be  reserved  for  the  sinking 
fund  required  by  such  bonds,  in  any  bank  or  banks  located  in 
the  State  of  Louisiana  which  may  purchase  the  said  bonds,  upon 
such  terms  and  conditions  including  security  as  may  be  mutually 
agreed  upon  as  a  condition  of,  and  part  of  the  consideration  for 
the  purchase  of  such  bonds;  provided  the  distribution  of  the 
balance  of  the  State  '&  funds  as  provided  in  Section  3  paragraph  1 
of  this  Act  shall  not  be  changed. 

Section  9.  That  all  funds  deposited  in  the  registry  of  any 
court  or  coming  into  the  hands  of  the  Clerk  of  Court  or  sheriff 
in  any  judicial  proceedings  and  not  belonging  to  such  officer, 
shall  be  deposited  in  the  bank  or  banks  previously  selected  by 
the  Police  Jury  of  the  Parish  as  the  fiscal  agent  of  the  Parish 


19 

and  at  the  same  rate  of  interest  paid  to  the  Parish,  subject  how- 
ever to  any  rule  or  order  of  the  Court,  except  in  the  Parish  of 
Orleans,  where  such  funds  shall  be  subject  to  such  rules  and 
regulations  as  may  be  prescribed  by  the  Judges  of  the  Civil 
District  Court.  The  interest  thus  earned  on  such  deposits  shall 
accrue  to  the  party  or  parties  finally  decreed  to  be  entitled  to 
the  ownership  thereof. 

Section  10.  That  the  interest  to  be  paid  for  the  deposits  of 
the  State  of  Louisiana  and  of  any  parish  or  municipality  thereof, 
and  of  any  public  board,  commission  or  body  created  by  or 
under  authority  of  the  State  or  of  any  parish  and  municipality 
thereof  shall  be  calculated  on  the  daily  balances  as  shown  by 
the  books  of  the  State  Treasurer  or  the  treasurer  of  the  parish, 
municipality  or  board,  as  the  case  may  be,  and  shall  be  paid 
semi-annually  on  the  first  of  January  and  July  of  each  year; 
provided  that  within  the  discretion  of  the  depositing  authority, 
in  a  case  of  emergency  justifying  such  action,  any  fiscal  agency 
may  be  cancelled  without  notice;  and  in  case  of  such  cancella- 
tion, the  authority  shall  proceed  as  in  the  case  of  original  letting 
and  re-let  the  deposit  for  the  unexpired  term  of  the  original 
contract  in  the  manner  and  upon  the  terms  and  conditions  as 
provided  in  this  Act. 

Section  11.  That  where  any  fiscal  agency  or  agencies  shall 
elect  to  deposit  as  security  the  bonds  of  any  political  subdivision 
or  board  of  the  State  such  bonds  shall  be  approved  by  the  depos- 
iting authority  as  sufficient  for  the  indemnity  contemplated  by 
this  Act.  If,  at  any  time,  any  depository  bank  shall  fail  or  sus- 
pend, or  fail  on  due  demand  without  just  cause  to  pay  any  funds 
deposited  with  it,  the  State  Treasurer,  on  the  direction  of  the 
Governor,  or  the  other  fiscal  officer  with  whom  bonds  may  have 
been  deposited  as  security,  on  the  direction  of  the  authority 
which  made  such  letting,  shall  forthwith,  after  ten  days'  adver- 
tisement in  any  newspaper  or  newspapers,  published  at  the  domi- 
cile of  said  authority,  sell  such  bonds,  or  a  sufficient  amount 
thereof  to  cover  the  deposit  and  accrued  interest  thereon,  by 
auction  on  the  floor  of  the  New  Orleans  Stock  Exchange.  In 
case  any  surety  company  given  as  surety  shall  fail,  cease  to  do 
business  in  this  State,  or  liquidate,  new  security  shall  be  sub- 
stituted within  ten  days  from  demand,  else  the  agency  for  such 


20 

deposit  shall,  ipso  facto,  terminate  and  reletting  of  said  aeposits 
shall  be  made  in  accordance  with  the  terms  of  this  Act.  In  case 
of  any  default  on  the  part  of  any  fiscal  agency  or  depository  as 
aforesaid,  when  a  surety  bond  has  been  given  as  surety,  and  the 
said  surety  company  shall  have  failed,  within  thirty  days  after 
demand  upon  it,  to  pay  the  amount  of  such  deposit  with  the 
accrued  interest  thereon,  the  State  Treasurer,  by  direction  of  the 
Governor,  or  the  fiscal  officer  on  the  direction  of  the  authority 
that  let  such  deposits  as  the  case  may  be,  shall  institute  suit  in 
the  name  of  the  State,  or  of  the  property  authority  as  the  case 
may  be,  against  the  principal  of  such  surety,  or  both  of  them,  on 
such  bond  for  the  recovery  of  the  amount  of  such  deposits  and 
accrued  interest  and  a  penalty  of  ten  per-centum  on  the  amount 
so  sued  for,  together  with  costs.  Such  suits  may  be  brought 
at  the  designated  domicile  of  either  the  plaintiff  or  the  defendant. 
In  case  of  any  deficiency  in  amount  recovered  from  the  surety 
company  or  from  the  sale  of  bonds  as  hereinabove  provided,  the 
same  shall  be  secured  by  first  lien  and  privilege  on  all  property 
and  assets  of  said  depository. 

Section  12.  That  if  at  any  time  the  security  furnished  by  a 
fiscal  agency  or  depository  bank  is  not  satisfactory  to  the  Treas- 
urer of  the  State  of  Louisiana,  or  to  the  authority  having  the 
letting  of  such  funds  for  deposit  he  or  it  may  require  such  ad- 
ditional security  to  be  given  as  shall  be  satisfactory  to  him  or  it. 
In  the  event  of  any  bank  failing  to  promptly  comply  with  any 
demands  that  may  be  made  by  the  State  Treasurer  or  the  proper 
authority  in  the  particular  case,  for  additional  or  better  security, 
a  meeting  of  the  Board  of  Liquidation  or  of  the  proper  authority 
entrusted  with  the  letting  of  such  funds  shall  be  forthwith  con- 
vened, and  said  Board  or  authority  shall  forthwith  declare  the 
contract  with  the  said  fiscal  agent  bank  or  depository  as  can- 
celled, and  shall  immediately  proceed  in  the  same  manner  as  in 
the  case  of  original  letting  and  relet  the  deposits  of  such  bank 
for  the  unexpired  term  of  such  agency,  under  the  terms  and 
upon  the  conditions  provided  in  this  Act. 

Section  13.  That  the  State  Treasurer  or  the  Treasurer  of 
any  parish,  municipality,  or  board  shall  not  be  responsible  for 
any  money  or  moneys  deposited  in  the  bank  or  banks  selected  by 
the  Board  of  Liquidation  or  by  the  authority  having  the  right 


21 

to  select  such  depository  under  the  provisions  of  the  act;  but 
the  State  of  Louisiana  and  the  subdivisions  and  boards  thereof 
shall  be  responsible  for  the  safe  keeping  and  returning  of  the 
bonds  deposited  with  them  by  fiscal  agent  banks  and  depositories 
as  security  for  the  deposit  of  State  moneys  and  with  the  pro- 
ceeds arising  from  any  sale  thereof. 

Section  14.  That  any  bank  which  itself  or  any  officer  of 
which  shall  contribute  directly  or  indirectly,  or  cause  to  be  con- 
tributed any  funds  in  aid  of  any  candidate  for  any  office  in  the 
State  of  Louisiana  shall  be  ineligible  to  receive  the  deposits  of 
the  State  of  Louisiana  or  of  any  parish  or  municipality  thereof, 
or  any  public  board,  commission  or  body  created  by  or  under 
authority  of  the  State  or  of  any  of  its  subdivisions;  and  should 
any  bank  have  been  selected  as  the  fiscal  agent  of  any  such  body 
and  it  should  subsequently  appear  that  it  had  made  or  that  any 
of  its  officers  had  made  or  caused  to  be  made,  directly  or  indi- 
rectly, contributions  to  the  campaign  fund  of  any  candidate  for 
any  office  in  the  State  of  Louisiana,  then  the  selection  of  such 
bank  as  a  fiscal  agent  shall  "ipso  facto"  terminate,  and  the 
proper  authorities  shall  immediately  proceed  in  the  same  man- 
ner as  in  the  case  of  original  letting  and  re-let  the  deposits  of 
such  bank  for  the  unexpired  term  of  such  agency  under  the 
terms  and  conditions  provided  in  this  act. 

Section  15.  That  any  officer  of  any  bank  who  shall  be  a 
member  of  any  board  having  the  authority  to  let  public  funds 
of  the  State  of  Louisiana  or  of  any  board  or  subdivision  thereof 
shall  not  be  permitted  to  cast  any  vote  in  the  selection  of  the 
fiscal  agency  or  the  depository  of  the  board  of  which  he  is  a 
member. 

Section  16.  That  nothing  in  this  act  shall  be  construed  as 
abrogating  or  cancelling  any  existing  contract  on  the  part  of  the 
State  of  Louisiana,  or  of  any  parish,  municipality,  board,  com- 
mission, levee  or  drainage  district  or  other  public  body,  all  of 
which  shall  remain  in  full  force  and  effect  until  their  expiration. 
Section  17.  That  all  laws  general  and  special  in  conflict  here- 
with and  especially  Act  No.  316  of  the  acts  of  the  General  As- 
sembly of  1910,  be  and  the  same  are  hereby  repealed. 


22 

ACT  NO.  214  OF  1912. 

Section  1.  The  Governor,  Superintendent  of  Public  Edu- 
cation and  the  Attorney  General,  together  with  as  many  citizens 
appointed  by  the  Governor  as  there  are  Congressional  Districts, 
being  one  from  each  congressional  district  of  the  State,  shall 
be  a  body  politic,  and  corporate  by  the  name  and  style  of  the 
Board  of  Education  for  the  State  of  Louisiana,  with  authority 
to  sue  and  defend  suits  in  all  matters  relating  to  the  public 
schools.  The  above  specified  citizens  shall  receive  as  compen- 
sation for  their  services  in  attending  the  meetings  of  the  board, 
their  actual  traveling  expenses  and  per  diem  for  the  number  of 
days  that  the  board  is  in  session,  the  same  as  members  of  the 
State  Legislature,  payable  on  their  warrants,  approved  by  the 
president  and  secretary  of  the  Board,  out  of  the  current  school 
fund. 

Section  2.  The  Governor  shall  be  ex-officio  president,  and  the 
State  Superintendent,  secretary  of  said  Board.  The  State  Super- 
intendent shall  be  authorized  to  appoint  an  assistant  secretary 
for  this  office.  The  Board  shall  meet  on  or  before  the  first 
Monday  in  December  of  each  year,  and  at  other  times  when 
called  by  the  Governor.  The  acts  of  the  Board  shall  be  attested 
by  the  signature  of  the  president  and  secretary  of  the  Board. 
All  papers,  documents,  and  records  appertaining  to  the  Board 
shall  be  filed  by  the  Secretary  in  the  office  of  the  State  Super- 
intendent of  Public  Education.  The  Board  may  direct  the  pro- 
ceedings of  the  State  Board  of  Education  to  be  published  in  the 
official  journal  of  the  State  or  in  an  official  pamphlet. 

Section  3.  The  State  Board  of  Education  shall  prepare  rules, 
by-laws  and  regulations  for  the  government  of  the  public  schools 
of  the  State,  which  shall  be  enforced  by  the  Parish  Superintend- 
ent and  the  several  School  boards,  and  shall  give  such  directions 
as  it  may  deem  proper  as  to  the  branches  of  study  which  shall 
be  taught.  The  State  Board  of  Education  shall  strictly  enforce 
a  uniformity  of  text-books  in  all  of  the  public  schools  of  the  State, 
and  shall  adopt  a  list  thereof  which  shall  remain  unchanged  for 
six  years  after  such  adoption.  Not  more  than  three  subjects  or 
parts  of  subjects  of  the  elementary  grades  and  not  more  than 
two  of  the  following  high  school  subjects  can  be  changed  at  any 


23 

one  adoption,  to-wit:  Algebra,  English  Grammar,  Composition 
and  Rhetoric,  Botany,  Zoology,  Chemistry,  Geometry,  American 
History,  Ancient  History,  Mediaeval  and  Modern  History,  and 
of  the  remaining  high  school  subjects  not  more  than  five  can  be 
changed  at  any  adoption,  provided  that  any  text  book  used  in  the 
schools  of  this  State  may  be  changed  at  any  time  upon  the  writ- 
ten application  of  forty  parish  school  boards,  as  per  resolution 
of  said  boards  duly  certified  to  the  State  Board  of  Education; 
and  all  contracts  for  the  adoption  of  text-books  for  use  in  the 
public  schools  shall  cover  a  period  of  six  years.  The  adoption  of 
elementary  text-books  and  high  school  books  shall  be  made  in 
periods  of  three  years  apart,  and,  for  the  purpose  of  carrying  out 
this  provision  the  first  adoption  of  high  school  text-books  shall 
be  made  in  the  year  1913  and  the  first  adoption  of  elementary 
text-books  shall  be  made  in  the  year  1916. 

The  mode  or  procedure  for  the  announcement  of  bids,  award- 
ing of  contracts,  location  of  depositories  for  the  distribution  of 
school  text-books  shall  be  left  to  the  State  Board  of  Education. 

Section  4.  The  State  Board  of  Education  may  require  reports 
to  be  made  by  the  parish  superintendent  whenever  the  interest 
of  the  common  schools  indicate  the  necessity  of  other  reports 
than  are  now  required. 

Section  5.  There  shall  be  elected  by  the  qualified  voters  of 
each  police  jury  ward  of  the  several  parishes  of  the  State  a  mem- 
ber of  the  Board  of  Directors  of  the  Public  Schools  of  such  parish 
for  each  police  juror  in  said  ward.  The  first  election  above  pro- 
vided for  shall  take  place  the  same  time  as  the  congressional 
election  in  1912.  As  soon  as  the  Boards  as  above  provided  for 
have  qualified,  each  Board  shall  by  resolution  divide  the  member- 
ship by  wards  into  three  divisions  as  nearly  equal  as  possible. 
The  members  of  the  first  group  shall  hold  office  for  two  years, 
the  members  of  the  second  group  for  four  years,  and  the  membe 
of  the  third  group  for  six  years.  The  successors  of  the  members 
in  the  several  groups  shall  be  elected  for  terms  of  six  years. 
That  the  compensation  of  said  members  of  the  school  board  is 
hereby  fixed  at  three  dollars  for  each  day  that  he  may  be  re- 
quired to  attend  the  meetings  of  the  board,  and  five  cents  a 
mile  he  may  travel  to  and  from  the  meetings  of  said  board.  The 
Board  of  Directors  as  now  constituted  shall  hold  their  office  until 


24 

their  successors  shall  have  been  elected  as  provided  for  in  this 
Act.  The  qualifications  of  a  person  to  be  a  member  of  a  school 
board  shall  be  that  he  be  a  qualified  elector  in  the  ward  from 
which  he  is  elected,  able  to  read  and  write,  who  does  not  hold 
any  office  or  position  of  honor,  trust  or  emoluments,  city,  parish 
or  State ;  or  hold  any  permanent  employment  in  any  capacity  by 
any  board,  department  or  officer,  city,  parish  or  State;  notaries 
public,  and  justices  of  the  peace  being  excepted;  provided,  that 
should  the  Constitution  of  this  State  be  so  amended  so  as  to  per- 
mit women  to  be  members  of  Boards  of  Public  Schools  then  and 
in  that  event  they  shall  be  eligible  to  membership  on  the  various 
Boards  of  Directors  provided  for  in  this  Act. 

Should  any  vacancy  occur  in  any  School  Board  by  deaths, 
resignation  or  otherwise,  the  same  shall  be  filled  by  appointment 
by  the  Governor  for  the  unexpired  term;  provided,  that  the  un- 
expired  term  shall  not  be  for  a  longer  period  than  12  months; 
otherwise  to  be  filled  by  special  election. 

A  majority  of  the  membership  of  such  board  shall  constitute  a 
quorum  thereof  for  the  transaction  of  business. 

Section  6.  The  several  school  boards  are  constituted  bodies 
corporate,  with  power  to  sue  and  be  sued  under  the  name  and 
style  of  the  "Board  of  Directors  of  the  Public  Schools  of  the 

Parish "  as  the  case  may  be.  Citation 

shall  be  served  on  the  president  of  the  Board,  and  in  his  absence 
on  the  vice-president. 

(As  amended  by  Act  15  of  1914.) 

Section  7  (as  amended  by  Act  15  of  1914)!  The  Boards  of  Di- 
rectors of  the  several  parishes  shall  elect  from  among  their  num- 
ber a  president  and  a  vice-president.  They  shall  also  elect  or 
appoint  a  Parish  Superintendent  having  the  qualifications  here- 
after required,  for  a  period  of  four  years,  the  first  superintend- 
ent under  this  Act  to  take  office  July  1,  1913 ;  provided,  that,  if 
at  any  time,  a  parish  superintendent  should  be  found  incom- 
petent, inefficient,  or  unworthy;  he  shall  be  for  such  cause 
removable  by  a  2-3  majority  of  the  Parish  School  Board.  The 
Board  of  Directors  shall  report  to  the  State  Board  of  Educa- 
tion all  deficiencies  in  the  schools  or  neglect  of  duty  on  the  part  of 
the  teachers,  superintendents  or  other  officers.  The  members 


25 

of  the  Board  of  Directors  shall  visit  and  examine  the  schools 
in  the  several  school  districts  of  the  parish  from  time  to  time, 
and  they  shall  meet  and  advise  with  the  trustees  when  occasion 
requires. 

The  board  shall  determine  the  number  of  schools  to  be  opened^ 
the  location  of  the  schoolhouses,  the  number  of  teachers  to  be 
employed,  select  such  teachers  from  nominations  made  by  the 
Parish  Superintendents,  provided  that  two-thirds  of  the  full 
membership  of  the  board  may  elect  teachers  without  the  endorse- 
ment of  the  superintendent.  The  board  shall  fix  the  salaries  of 
the  teachers.  And  the  Board  of  Directors  is  entrusted  with  see 
ing  that  the  provisions  of  the  State  School  laws  are  complied 
with.  Each  Board  of  Directors  shall  make  such  rules  and  by- 
laws for  its  own  government,  not  inconsistent  with  law,  as  it 
deems  proper.  The  regular  meetings  of  each  board  shall  be 
held  in  the  first  week  of  January,  April,  July  and  October  on 
such  day  of  the  week  as  each  board  shall  select,  and  it  may  hold 
such  special  or  adjourned  meetings  as  the  board  may  determine 
or  as  occasion  may  require.  Each  Board  of  Directors  shall  exer- 
cise proper  vigilance  in  securing  for  the  schools  of  the  parish  all 
funds  destined  for  the  support  of  the  schools  including  the  State 
funds  apportioned  thereto,  the  poll  tax,  collectible  and  all  other 
funds.  The  Secretary  shall  keep  a  record  of  all  transactions  and 
proceedings  of  the  board. 

The  Board  of  Directors  may  receive  land  by  purchase  or 
donation  for  the  purpose  of  erecting  school  houses,  provide  for 
and  secure  the  erection  of  the  same,  construct  such  outbuildings 
and  enclosures  as  shall  be  conducive  to  the  protection  of  property 
and  make  repairs  and  provide  the  necessary  furniture  equip- 
ment and  apparatus.  All  contracts  for  improvements  shall  be 
to  the  lowest  bidder,  the  board  reserving  the  right  to  reject  any 
and  all  bids.  They  shall  have  the  power  to  recover  for  any 
damage  that  may  be  done  to  the  property  in  their  charge;  they 
may,  by  a  two-thirds  vote  of  the  whole  board  after  due  notice, 
change  the  location  of  the  schoolhouse,  sell  or  dispose  of  the  old 
site,  and  use  the  proceeds  thereof  toward  procuring  a  new  one. 

Section  8.  The  District  Attorney  of  the  district  shall  act  as 
counsel  for  the  Board  of  Directors,  except  in  and  for  the  Parish 


26 

of  Orleans,  where  the  City  Attorney  of  the  City  of  New  Orleans 
shall  act  as  counsel  for  the  Board  of  School  Directors  of  said 
Parish,  but  neither  the  District  Attorney  nor  the  said  City  At- 
torney shall  receive  any  extra  fee,  compensation,  or  allowance 
for  such  service. 

Section  9.  The  Board  of  Directors,  the  Parish  of  Orleans  ex- 
cepted,  shall  have  authority  to  establish  graded  schools,  and  to 
adopt  such  a  system  in  that  connection  as  may  be  necessary  to 
secure  their  success.  Central  or  high  schools  may  be  established 
when  necessary,  but  no  such  school  shall  be  established  without 
the  sanction  of  the  State  Board  of  Education  and  unless  the 
amount  be  donated  for  the  site,  and  suitable  buildings  are  pro- 
vided for  without  any  expense  out  of  the  school  fund.  The  Board 
of  Directors  shall  have  the  authority  to  assess  and  collect  fifty 
cents  per  annum  from  the  parent  or  guardian  of  each  child  en- 
rolled in  the  public  schools  of  a  parish  or  district,  to  be  collected 
in  such  manner  as  the  said  board  shall  determine ;  provided  that 
no  parent  or  guardian  be  required  to  pay  more  than  one  dollar 
and  fifty  cents.  The  amount  thus  collected  shall  be  used  in 
providing  the  necessary  fuel  and  other  comforts  of  the  school. 

Section  10.  The  free  right  of  passage  or  conveyance  over  all 
public  ferries,  bridges  and  roads  which  are  rented  out  by  the 
State,  parish,  or  municipality,  or  over  which  the  State  or  parish, 
or  municipality,  exercises  any  control,  or  for  which  license  is  paid 
or  toll  exacted,  be  and  is  hereby  granted  to  all  children  attending 
the  public  schools;  and  no  tolls  or  fees  shall  be  demanded  or 
exacted  from  said  children  by  the  keepers  or  attendants  of  said 
ferries,  bridges  or  roads  in  their  passage  to  and  from  school  be- 
tween the  hours  of  7  o'clock  A.  M.  and  9  o'clock  A.  M.  and  4 
o'clock  P.  M.  and  6  o'clock  P.  M. ;  provided,  that  on  Sundays  and 
holidays  no  children  shall  have  the  right  to  cross  said  such 
ferries,  bridges,  or  roads  on  terms  different  from  those  of  any 
ordinary  passenger.  The  provision  of  the  foregoing  section  shall 
apply  to  the  parish  of  Orleans  as  well  as  other  parts  of  the  State. 

Section  11 ,  No  school  of  less  than  ten  pupils  shall  be  opened 
or  maintained  in  any  locality. 

Section  12.  The  boards  of  directors  of  the  public  schools  of 
the  several  parishes  of  this  State  are  prohibited  from  entering 
into  any  contract,  agreement,  understanding  or  combination, 


27 

tacitly,  or  expressly,  directly  or  indirectly,  with  any  church, 
monastic  or  other  religious  order  or  association  of  any  religious 
sect  or  denomination  whatsoever,  or  with  the  representatives 
thereof,  for  the  purpose  of  running  any  public  school  or  schools 
of  this  State,  together  or  in  connection  or  in  combination  wife 
any  private  or  parochial  school,  or  other  institution  of  learning 
which  may  be  under  the  control,  authority,  supervision,  adminis- 
tration or  management  of  any  church,  monastic  or  other  religious 
order  or  association  of  any  religious  sect  or  denomination  what- 
soever. 

Section  13.  It  shall  be  the  duty  of  the  parish  board  with  the 
parish  superintendent  to  divide  the  parish  into  school  districts  of 
such  proper  and  convenient  area  and  shape  as  will  best  accom- 
modate the  children  of  the  parish.  The  Parish  Board  of  Direct- 
ors shall  as  soon  as  practicable  proceed  to  the  work  imposed 
upon  them  and  upon  the  completion  of  the  work  they  shall  make 
a  report  to  the  parish  superintendent,  which  report  shall  contain 
the  boundary  and  description  of  said  district,  designated  by  num- 
ber. The  parish  superintendent  shall  record  the  same  in  a  well 
bound  book  kept  by  him  for  that  purpose,  which  book  shall  be 
held  by  the  parish  superintendent  and  be  at  all  times  open  to 
inspection.  Parish  Boards,  if  they  deem  it  to  be  for  the  best  in- 
terest of  the  schools,  may  divide  the  parish  into  districts  without 
reference  to  the  wards  in  the  parish. 

Section  14.  The  Parish  Board  of  Directors  of  two  adjoining 
parishes,  where  the  division  line  intersects  a  neighborhood  whose 
convenience  requires  it,  may  lay  off  a  district  composed  of  parts 
of  both  parishes.  Such  districts  shall  be  reported  by  the  Super- 
intendent, together  with  a  census  of  the  school  children  only 
as  belonging  to  the  parish  in  which  the  schoolhouse  may  be  sit- 
uated, and  reports  shall  be  made  by  the  assessor  and  parish  super- 
intendent as  though  the  district  lay  entirely  in  such  district. 

Section  15.  Where  two  school  districts  adjoin,  it  shall  be 
lawful  for  the  children  in  either  of  said  districts  to  be  taught  in 
and  at  such  schoolhouse  as  shall  be  most  convenient  to  them; 
provided,  that  the  tuition  fee  shall  be  paid  to  the  district  in 
which  they  are  taught,  and  that  no  charge  be  made  without  the 
consent  of  the  school  boards  of  the  respective  parishes. 


28 

Section  16.  The  branches  of  orthography,  reading,  writing, 
drawing,  arithmetic,  geography,  grammar,  United  States  History, 
the  laws  of  health,  including  the  evil  effects  of  alcohol  and  nar- 
cotics, shall  be  taught  in  every  district.  In  addition  to  these, 
such  other  branches  shall  be  taught  as  the  State  Board  of  Edu- 
cation and  the  Parish  School  Boards  may  require;  provided, 
that  these  elementary  branches  may  also  be  taught  in  the  French 
language  in  those  localities  where  the  French  language  is  spoken ; 
but  no  additional  expense  shall  be  incurred  for  this  cause.  No 
public  school  in  the  State  shall  open  later  than  9  A.  M.  or 
close  earlier  than  3  P.  M. ;  provided,  this  shall  not  be  construed 
so  as  to  prevent  half  day  sessions  where  the  school  accommoda- 
tions are  insufficient  for  all  the  pupils  of  the  district  in  a  whole 
day  session.  Nor  shall  it  interfere  with  any  arrangements  made 
for  the  conduct  of  the  Kindergarten  schools;  provided  that,  in 
the  parish  of  Orleans  the  Board  of  School  Directors  may  fix  the 
hours  of  session  of  the  public  schools.  A  school  week  shall  consist 
of  five  days. 

Section  17.  The  President  of  the  Board  of  Directors  shall 
preside  at  all  meetings  of  the  Board,  call  meetings  when  neces- 
sary, advise  with  and  assist  the  parish  superintendent  and  di- 
rectors in  promoting  the  success  of  the  schools  and  generally  to 
do  and  perform  all  other  acts  and  duties  pertaining  to  his  office 
as  president  of  the  board.  All  deeds  and  contracts  for  the 
schools  shall  be  signed  by  him;  the  contracts  with  teachers  shall 
be  signed  by  the  parish  superintendent. 

Section  18.  There  shall  be  selected  by  the  patrons  of  each 
local  school  district  in  the  manner  to  be  provided  by  the  Board 
of  School  Directors  of  the  parish  in  which  the  school  district  is 
located,  the  parish  of  Orleans  excepted,  three  auxiliary  visiting 
trustees  who  shall  have  the  same  qualifications  as  members  of  the 
Parish  Board  of  Directors.  The  said  trustees  shall  visit  the 
schools  of  their  respective  districts  and  shall  make  quarterly 
reports  to  the  Parish  Board  of  Directors  of  the  actual  condition 
of  the  schools  and  shall  make  needful  suggestions  in  all  matters 
relating  to  the  schools  of  which  they  are  trustees. 


29 

STATE    SUPERINTENDENT. 

Section  19.  A  suitable  office  shall  be  provided  for  the  State 
Superintendent  of  Public  Education  at  the  seat  of  government, 
in  which  he  shall  file,  each  year  separately,  all  papers,  reports 
and  public  documents  transmitted  to  him  by  the  Board  and- 
officers  whose  duty  it  is  to  report  to  him,  and  hold  the  same  in 
readiness  to  be  examined  by  the  Governor,  whenever  he  sees 
proper,  and  by  any  committee  appointed  by  the  General  As- 
sembly ;  and  he  shall  cause  to  be  kept  a  record  of  all  matters  ap- 
pertaining to  his  office.  In  case  of  vacancy  in  the  office  of  Super- 
intendent of  Public  Education,  the  Governor  shall  fill  the  va- 
cancy and  submit  the  name  of  the  appointee  to  the  Senate  for 
its  confirmation  at  the  first  session  held  after  the  appointment. 

Section  20.  The  salary  of  the  State  Superintendent  of  Public 
Education  shall  be  five  thousand  dollars  per  annum,  besides 
which  he  shall  be  entitled  to  office  fixtures,  stationery,  books, 
fuel,  and  light  and  everything  needed  to  carry  on  the  work  of  his 
office.  He  shall  have  authority  to  appoint  a  clerk  and  a  porter 
and  prescribe  the  duties  of  each;  provided  that  the  entire  ex- 
penses of  his  office  including  salaries,  postage  and  incidentals, 
shall  not  exceed  the  specified  appropriation  therefor,  payable 
in  monthly  installments,  out  of  the  current  school  fund,  by  the 
Treasurer  of  the  State,  upon  warrants  of  the  State  Superin- 
tendent. 

Section  21.  The  State  Superintendent  of  Public  Education 
shall  have  general  supervision  of  all  school  boards  in  the  parishes, 
of  all  common,  high  and  normal  schools  of  the  State,  and  shall  see 
that  the  school  system  of  the  State  is  carried  properly  into  effect. 
He  shall  be  ex-officio  a  member  of  the  board  of  supervisors  of  the 
State  University  and  Agricultural  and  Mechanical  College,  the 
State  Normal  School,  the  State  Industrial  School  at  Ruston,  the 
State  Industrial  School  at  Lafayette,  the  State  Institute  for  the 
Deaf  and  Dumb,  the  State  Institute  for  the  Blind,  the  Southern 
University,  and  of  all  other  institutions  of  learning  under  the  con- 
trol of  the  State  or  aided  in  whole  or  in  part  by  the  State.  He 
shall  visit  all  the  parishes  of  the  State  as  often  as  practicable,  and 
shall  give  due  notice  of  the  time  of  his  visit  to  the  parish  super- 
intendent whose  duty  it  shall  be  to  meet  and  confer  with  the 


30 

State  Superintendent  on  all  matters  connected  with  the  interest 
of  the  public  schools  of  the  parish.  His  expenses  incurred  in  the 
discharge  of  his  duty  shall  be  paid  out  of  the  current  school 
fund,  but  shall  not  exceed  the  amount  appropriated  per  annum 
for  the  purpose.  He  shall  keep  an  account  of  all  orders  drawn 
or  countersigned  by  him  on  the  Auditor  and  of  all  returns  of 
settlements;  whenever  required  any  part  of  this  account  shall 
be  furnished  by  the  Auditor. 

Section  22.  He  shall  biennially  on  or  before  the  meetings  of 
the  General  Assembly,  make  a  report  of  the  condition  and  prog- 
ress made  and  possible  improvements  to  be  made  in  the  public 
schools.  The  amount  and  condition  of  the  school  funds;  how  its 
revenues  during  the  two  previous  years  have  been  distributed; 
the  amount  collected  and  disbursed  for  public  school  purposes 
from  local  taxation,  or  from  any  other  source  of  revenue,  and 
how  the  same  was  expended.  This  report  shall  contain  an  ab- 
stract of  the  parish  and  city  superintendents  reports.  He  shall 
communicate  all  facts,  statistics  and  information  as  are  of  inter- 
est to  the  public  schools.  He  shall  cause  to  be  printed  a  suffi- 
cient number  of  copies  for  the  distribution  among  the  members 
of  the  General  Assembly,  the  State  officials,  parish  school  boards, 
libraries,  and  superintendents  of  other  States  and  Territories, 
and  to  meet  all  exchanges  of  educational  reports. 

Section  23.  The  superintendent  in  his  report  shall  set  forth 
the  objects,  and  make  suggestions  which  may  be  of  interest  and 
promote  the  success,  of  all  institutions  of  learning  under  his  su- 
pervision. The  superintendent  of  these  institutions  shall  annual- 
ly, by  the  first  of  March,  furnish  the  State  Superintendent  of 
Public  Education  such  statements  of  their  respective  institutions 
as  may  be  necessary  to  enable  him  to  make  a  full  and  satisfactory 
report. 

Section  24.  Certified  copies  of  records  and  papers  in  his  office 
shall  in  all  cases  be  received  and  admitted  in  lieu  of  the  originals. 
He  is  authorized  to  make  copies,  when  requested  by  any  person  so 
to  do,  of  any  papers  deposited  or  filed  in  his  office,  and  of  any  act 
or  decision  made  by  him,  and  certify  the  same,  and  he  may  de- 
mand therefor  payment  at  the  rate  of  twenty-five  cents  per  one 
hundred  words. 


31 

Section  25.  It  is  made  the  duty  of  the  State  Superintendent  of 
Public  Education  to  report  to  the  State  Board  of  Education  all 
neglect  of  duty  on  part  of  any  school  director,  superintendent,  or 
teacher,  or  any  improper  use  of  school  funds  whenever  it  may 
come  to  his  knowledge.  He  shall  hold  annually  conventions  in  the 
several  institute  districts,  selecting  the  most  convenient  and  ac- 
cessible points,  for  the  purpose  of  consultation,  advice  and  in- 
struction with  Parish  Superintendents  in  regard  to  supervision 
and  management  of  parish  schools. 

Section  26.-  The  Attorney  General  when  called  upon  by  the 
State  Superintendent  of  Public  Education,  the  State  Board  of 
Education,  any  Board  of  Directors,  or  any  Parish  Superintend- 
ent, shall  give  his  opinion  in  regard  to  any  controversy  or  dis- 
pute, affecting  any  such  officers  or  boards,  or  relating  to  their 
respective  rights  or  duties  or  affecting  the  schools  under  their 
charge,  or  any  of  them.  The  State  Superintendent  of  Public 
Education  shall  whenever  required,  give  advice,  explanations, 
constructions  or  information  to  the  district  officers  and  superin- 
tendents and  to  the  citizens  relative  to  the  public  school  law, 
the  duties  of  the  public  school  officers,  the  rights  and  duties  of 
parents,  guardians,  pupils,  and  all  officers,  the  management  of 
the  schools,  and  all  other  questions  calculated  to  promote  the 
cause  of  education.  He  shall  perform  all  other  duties  imposed 
upon  him  by  law. 

PARISH    SUPERINTENDENT. 

Section  27.  The  Board  of  Directors  of  the  public  schools 
throughout  the  State  shall  elect  or  appoint  a  superintendent  of 
public  schools  who  shall  hold  office  for  a  period  of  four  years. 
He  shall  not  be  otherwise  employed  except,  in  a  parish  having 
fewer  than  thirty  white  teachers  the  parish  superintendent  may 
act  as  principal  of  a  public  school,  shall  be  a  person  of  high 
moral  character,  of  recognized  executive  ability,  and  a  practical 
educator  who  holds  at  least,  a  first  grade  certificate  and  who 
has  had  at  least  three  years'  teaching  experience  within  the  five 
years  next  preceding  his  election,  or  who  has  served  as  a  parish 
superintendent  during  at  least  one  year  of  the  three  years  next 
preceding  his  election.  Outstanding  certificates  that  are  valid 
making  their  holders  eligible  to  the  office  of  parish  superin- 


tendent  shall  not  be  affected  by  the  provisions  of  this  Act.  This 
shall  apply  to  all  superintendents  and  assistant  superintendents 
now  in  office,  Orleans  parish  included,  and  all  persons  who  have 
secured  eligibility  certificates  by  examination  but  who  are  not 
at  this  time  holding  the  office  of  Parish  Superintendent. 

The  Parish  Superintendent  shall  be  ex-officio  secretary  of  the 
Board  of  Directors  in  each  parish  of  the  State,  the  parish  of  Or- 
leans excepted,  his  salary  shall  be  fixed  by  the  Board  of  Di- 
rectors provided,  that  in  no  case  shall  it  be  less  than  six  hundred 
dollars  ($600.00)  per  annum. 

Section  28.  He  shall  during  the  year  visit  once,  at  least,  each 
school  district  in  the  parish,  and  he  shall  exert  his  best  endeavors 
in  promoting  the  cause  of  common  school  education.  To  this 
end  he  shall  faithfully  carry  out  the  requirements  of  the  State 
School  Law  and  the  rules  and  regulations  made  for  the  schools 
by  the  State  Board  of  Education. 

Section  29.  It  shall  be  the  duty  of  each  parish  superintend- 
ent on  or  before  the  tenth  day  of  July  each  year,  to  cause  to  he 
placed  in  the  hands  of  the  Superintendent  of  Public  Education 
the  official  report  of  his  parish  schools  for  the  previous  years,  tho 
districts  in  which  the  schools  are  taught,  and  the  length  of  tim? 
taught,  the  number  of  children  at  school,  the  cost  of  tuition  of 
each  child,  per  month  and  for  the  session,  the  number  of  private 
schools,  colleges  and  academies  taught  in  the  parish  and  the 
length  of  the  session  of  the  same;  the  number  of  teachers  em- 
ployed, male,  female,  white  and  colored,  the  average  wages  of 
male  teachers,  female  teachers,  the  amount  of  money  raised  for 
school  purposes  in  the  parish  by  local  taxation  or  otherwise,  and 
for  what  purpose  it  was  disbursed,  the  number  and  kind  of 
schoolhouses,  the  actual  or  approximate  value  of  each,  the  num- 
ber of  school  libraries  and  the  number  of  volumes  in  each  and 
the  increase  during  the  session  and  the  amount  received  and 
expended  for  them.  In  case  of  neglect  or  failure  to  make  this 
report  in  the  time  required  he  shall  forfeit  and  pay  the  sum 
of  ten  dollars  per  week,  or  fraction  of  a  week  thereof,  for  the 
full  time  of  his  delinquency  said  amount  to  be  collected  by  the 
Parish  Board  for  the  benefit  of  the  institute  fund  of  the  State. 

Section  30.  Each  parish  superintendent  shall  keep  a  record 
of  all  business  transacted  by  him  as  parish  superintendent,  the 


33 

names,  numbers  and  description  of  school  districts,  the  tabula- 
tion of  reports  of  school  principals  made  monthly  to  him  by  the 
principals  of  the  schools  of  his  parish  and  all  other  papers, 
books  and  documents  of  value  connected  with  his  office ;  and  they 
shall  be  at  all  times  subject  to  inspection  and  examination  by  the 
State  Superintendent  of  Public  Education,  or  by  any  school 
officer  or  citizen.  In  addition  to  his  annual  report  to  the  State 
Superintendent  of  Public  Education  hereinbefore  provided  for, 
which  shall  be  made  in  accordance  with  instructions  of  the  State 
Superintendent,  he  shall  furnish  to  the  Department  of  Educa- 
tion such  narrative,  and  such  information  as  the  State  Superin- 
tendent or  the  State  Board  of  Education  may  from  time  to  time 
require  of  him. 

Section  31.  The  parish  superintendent  may  administer  the 
oath  required  of  any  of  the  officials  of  the  common  schools  or 
of  any  person  required  to  make  oath  in  any  manner  relating 
thereto,  except  to  qualify  directors. 

Section  32.  He  shall  maintain  his  office  at  the  parish  seat 
and  shall  keep  the  same  open  during  the  usual  office  hours 
to  receive  the  reports  of  teachers  and  others  and  to  transact 
the  business  required  of  him  except  during  the  time  he  is  visit- 
ing schools  or  attending  to  his  duties  elsewhere. 

Section  33.  The  parish  superintendents  shall  make  quarterly 
reports  to  the  parish  board  of  directors  upon  the  condition  of  the 
schools  under  his  supervision.  The  secretary  shall  keep  full 
minutes  of  all  proceedings  of  the  Board  in  a  book  provided  for 
that  purpose,  and  shall  do  and  perform  all  other  acts  and  duties 
legally  pertaining  to  the  office  of  the  Secretary  of  the  Board. 

TEACHERS  INSTITUTES. 

Section  34.  There  shall  be  established  and  maintained  by  the 
State  Institute  Fund,  in  conjunction  with  the  Peabody  Institute 
Fund,  Summer  Normal  Schools  in  this  State,  with  sessions  of 
not  less  than  four  weeks. 

Section  35.  Other  institutes  may  be  held  when  ordered  by 
the  State  Board  of  Education  or  under  special  laws  ordering 
such  institutes  to  be  held.  Every  teacher  of  a  common  school 
must  attend  the  sessions  upoa  penalty  for  nonattendance  if 


34 

satisfactory  excuse  has  not  been  rendered  to  the  parish  super- 
intendent, of  forfeiting  two  days'  pay.  There  shall  be  a  vaca- 
tion of  the  common  schools  of  the  parishes  to  give  opportunities 
to  the  teachers  to  attend;  and  no  reduction  of  the  teacher's 
salary  shall  be  made  during  said  vacation,  provided  he  or  she 
was  in  attendance  the  full  time  of  the  session  of  the  institute. 
These  institutes,  held  under  this  section,  shall,  as  far  as  possible, 
be  held  in  some  town  centrally  located  and  teachers  from  as 
many  parishes  as  can  conveniently  attend  shall  be  notified  to 
attend.  This  notice  they  shall  obey,  under  the  penalty  before 
mentioned. 

Section  36.  The  State  Board  of  Education  shall  act  as  a 
Board  of  State  Institute  Managers  and  in  their  discretion  shall 
select  an  experienced  institute  conductor  who  shall  have  general 
charge  of  the  summer  normal  work,  and  whose  services  shall  be 
paid  for  out  of  the  institute  funds  in  such  manner  as  shall  be 
agreed  upon  by  the  Board  named  in  this  Act.  The  institute 
conductor  shall  be  secretary  of  the  Board. 

Section  37.  The  managers  of  the  summer  normal  schools 
shall  issue  certificates  of  attendance  to  each  teacher  present  dur- 
ing the  whole  of  their  sessions,  and  the  parish  boards  of  school 
directors  shall  give  preference,  other  things  being  equal,  to 
the  holders  of  said  certificates  in  the  selection  of  teachers  for 
the  public  schools. 

Section  38.  The  conductors  of  the  State  (one  week)  Insti- 
tutes shall  make  a  full  report  of  their  work,  giving  the  names 
of  the  teachers  in  attendance  with  a  detailed  account  of  all  in- 
stitute funds  received  and  disbursed,  to  the  State  Superintendent 
of  Public  Education  for  publication  in  his  biennial  report  to 
the  General  Assembly  and  to  the  Board  of  the  Peabody  Educa- 
tion Fund. 

Section  39.  It  shall  be  the  duty  of  every  parish  superin- 
tendent, the  parish  of  Orleans  excepted,  to  conduct  a  teachers' 
institute  or  association,  one  Saturday  of  every  month,  or  in 
his  discretion,  on  a  Friday  and  Saturday  of  every  alternate 
month  during  the  time  the  public  schools  are  in  session  in  his 
parish,  in  each  institute  district. 


35 

Section  40.  The  parish  superintendent  shall  notify  all  teach- 
ers of  the  time  and  place  of  the  monthly  or  bi-monthly  institute 
meetings,  and  it  shall  be  the  duty  of  all  teachers  in  the  parish 
to  attend  these  meetings  and  to  take  such  part  in  the  exercises 
as  the  superintendent  may  indicate.  Such  teachers  as  fail  to 
be  present,  or,  being  present,  refuse  to  perform  the  part  assigned 
to  them  on  the  program  by  the  superintendent  at  such  institute 
meetings,  shall  forfeit  one  day's  salary  for  each  absence  or  one 
day's  salary  for  each  failure  to  perform  the  part  assigned  them 
on  the  program  by  the  superintendent.  The  amount  so  forfeited 
shall  be  deducted  from  such  teacher's  next  monthly  warrant  by 
the  superintendent  and  by  him  credited  to  the  institute  fund  of 
the  parish  to  be  set  aside  and  used  exclusively  for  institute  work 
in  the  said  parish. 

Section  41.  Boards  of  Directors  are  hereby  authorized  and 
empowered  and  shall  pay  to  each  teacher  attending  an  institute 
or  association  meeting,  two  dollars  per  day  for  each  monthly 
meeting  or  bi-monthly  meeting  and  three  cents  per  mile  each 
way  to  and  from  said  meetings,  actually  and  necessarily  trav- 
eled, provided,  that  when  the  institute  is  held  on  regular  school 
days  teachers  shall  receive  only  their  regular  pay  as  teachers  for 
such  attendance. 

Section  42.  It  shall  be  the  duty  of  the  State  Institute  Con- 
ductor to  formulate  the  programs  for  teachers'  institutes  or 
association  meetings  and  it  shall  be  the  duty  of  the  State  Board 
of  Education  to  formulate  the  State  Reading  Course,  for  teach- 
ers yearly,  and  it  shall  be  the  duty  of  the  parish  superintendent 
to  consult  the  State  Institute  Conductor  relative  to  conducting 
teachers  institutes  and  when  conducting  teachers  institutes  or 
associations  to  follow  the  programs  and  the  State  Reading  Course 
for  teachers  so  prepared  as  aforesaid.  The  parish  superintendent 
shall  forfeit  five  dollars  for  each  institute  or  associations  he  fails 
to  cause  to  be  held,  or  fails  to  conduct,  as  required  by  this  Act, 
unless  physically  unable  to  attend  or  for  other  valid  reasons 
appearing  to  the  satisfaction  of  the  school  board ;  the  said  fines 
shall  be  collected  by  the  school  board  and  credited  to  the  institute 
fund,  as  provided  in  this  Act.  The  daily  session  of  the  teachers 
institute  or  association  shall  not  be  less  than  five  hours  per  day 
actual  work. 


36 

Section  43.  The  parish  superintendent,  at  the  opening  of 
the  institute  meeting,  shall  cause  a  roll  of  teachers  to  be  pre- 
pared, which  roll  shall  be  called  at  least  twice  during  each  daily 
;*essio_n  of  the  institute.  He  shall  ascertain  thn  number  of  teach- 
ers in  attendance  and  the  length  of  time  each  attends,  and  he 
shall  carefully  note  the  names  of  all  absentees,  and  to  this  i-nd  he 
shall  keep  a  record  and  at  the  end  of  the  school  session  lie  shall 
make  an  annual  report  to  the  State  Institute  Conductor  of  the 
institute  work  in  his  parish  for  the  year  apon  blanks  furnished 
him  by  the  State  Institute  Conductor  for  said  purpose. 

Section  44.  The  parish  superintendents  shall,  before  the  be- 
ginning of  regular  public  school  term,  appoint  a  competent 
teacher  of  his  parish  as  institute  manager  for  each  district,  if 
there  be  more  than  one  institute  district,  ia  bis  parish;  and  such 
institute  manager  shall  be  paid  three  dollars  per  day  as  com- 
pensation for  actual  services  in  holding  such,  institutes,  or  for 
assisting  the  superintendent  while  holding  said  teachers  insti- 
tutes; provided,  that  when  the  teachers  institute  is  held  on  a 
regular  school  day,  the  compensation  of  the  instil  ate  managers 
shall  be  their  regular  salary  and  no  more. 

Section  45.  The  provisions  of  this  Act  relating  to  teachers 
institutes  shall  not  be  compulsory  in  the  Parish  of  Orleans,  but 
the  school  board  of  said  parish  at  its  election  may  conduct  such 
teachers  institutes  provided  for  herein  in  the  sam-3  manner  and 
with  the  same  power  and  authority  as  herein  set  forth. 

Section  46.  If  at  any  time  a  teacher  becomes  incompetent, 
inefficient  or  unworthy  of  the  endorsement  given  him  or  her,  the 
parish  superintendent  shall  have  the  power  to  suspend  such 
teacher  and  immediately  shall  report  such  fact  to  the  board 
of  directors  of  the  public  schools  of  his  parish  and  the  said 
board  shall  take  such  action  as  the  nature  of  the  case  war- 
rants. The  services  of  any  teacher  may  be  dispensed  with  at  any 
time  by  the  board  of  directors.  Any  teacher  dismissed  under  the 
above  provisions  shall  receive  payment  for  his  services  for  the 
current  month. 

Section  47.  The  State  Board  of  Education  shall  take  entire 
charge  of  the  examination  of  public  school  teachers.  The  Board 
shall  appoint  an  examining  committee  of  as  many  members  as 


may  be  required  and  fix  the  salaries  of  the  members  of  the  com- 
mittee. 

Section  48.  The  following  grades  of  certificates  shall  be  is- 
sued by  the  examining  committee :  Special  High  School  Certifi- 
vates,  valid  for  five  years ;  First  Grade  Certificates,  valid  for  five 
years;  Second  Grade  Certificates,  valid  for  three  years;  Third 
Grade  Certificates,  valid  for  one  year.  The  State  Board  of  Edu- 
cation shall  determine  the  subjects  which  shall  be  used  in  the 
examination  for  any  of  the  grades  of  certificates. 

Section  49.  The  State  Boarxl  of  Education  shall  have  author- 
ity to  exempt  from  examination  graduates  of  standard  colleges 
and  State  Normal  Schools  located  in  other  States,  provided  that 
in  all  cases  the  examining  committee  shall  have  authority  to 
examine  such  graduates  in  such  subject  or  subjects  as  the  com- 
mittee may  think  necessary. 

Section  50.  All  questions  to  be  used  in  the  examination  of- 
teachers  shall  be  prepared  by  the  examining  committee,  and  when 
they  have  been  approved  by  the  State  Superintendent  of  Public 
Education  they  shall  be  sent  to  the  Parish  Superintendent  of  the 
various  parishes,  who  shall  conduct  the  examinations,  collect  the 
fees  hereinafter  provided  for,  and  send  fees  and  answer  papers 
to  the  State  Superintendent  of  Public  Education.  The  Examin- 
ing Committee  shall  grade  all  papers,  and  issue  certificates  to 
those  who  shall  make  the  average  pass  mark  fixed  by  the  State 
Board  of  Education.  Certificates  shall  be  signed  by  the  Chair- 
man of  the  examining  committee  and  the  State  Superintendent 
of  Public  Education,  they  shall  be  valid  for  the  periods  named 
above  in  all  of  the  parishes  of  the  State. 

Section  51.  Applicants  for  the  approval  of  their  diplomas 
or  for  teachers'  certificates  shall  pay  the  following  fees:  Grad- 
uates of  Colleges  and  State  Normal  Schools  located  in  other 
States  shall  pay  a  fee  of  five  dollars  for  approval  of  their  diplo- 
mas; applicants  for  special  high  school  certificates  and  first 
grade  certificates  shall  pay  a  fee  of  two  dollars;  applicants  for 
second  grade  certificates  shall  pay  a  fee  of  one  dollar  and  fifty 
cents;  and  applicants  for  third  grade  certificates  shall  pay  a  fee 
of  one  dollar. 

Section  52.  The  State  Superintendent  shall  deposit  all  fees 
in  an  account  entitled  "Examination  Fees"  and  he  shall  check 


38 

upon  this  account  for  the  salaries  and  office  expenses  of  the  ex- 
aminers, keeping  receipted  vouchers  for  all  moneys  so  drawn, 
and  no  other  funds  shall  be  used  for  salaries  and  expenses  of 
the  examining  committee. 

Section  53.  The  State  Board  of  Education  shall  arrange  for 
as  many  examinations  annually  as  may  be  necessary. 

Section  54.  The  examining  committee  shall  have  authority 
to  issue  provisional  certificates,  upon  application  by  the  parish 
superintendents,  to  teachers  whose  services  are  needed  before 
their  papers  can  be  graded.  Teachers  holding  such  provisional 
certificates  and  failing  to  pass  the  examinations  shall  immedi- 
ately vacate  their  positions  upon  notice  of  failure  to  pass  the 
examination. 

Section  55.  (As  amended  and  re-enacted  by  Act  120  of 
1914.)  The  State  Board  of  Education  shall  have  author- 
ity to  renew  first  grade  teachers'  certificates  when  satisfactory 
evidence  is  produced  attesting  the  worthiness  and  competency  of 
the  holders  asking  for  an  extension  of  their  certificates,  and 
second  grade  certificates  held  by  teachers  who  have  taught  con- 
tinuously for  as  many  as  five  years,  provided  request  for  such 
extensions  are  made  by  the  presidents  of  the  parish  boards  of 
school  directors  and  the  parish  superintendents  of  the  parishes 
in  which  such  teachers  are  teaching. 

Section  56.  Teachers'  certificates  now  valid  and  in  force 
shall  not  be  affected  by  this  Act.  The  Parish  of  Orleans  is  ex- 
cepted  from  the  provisions  of  this  Act. 

Section  57.  No  person  shall  be  appointed  to  teach  without 
a  written  contract  for  the  scholastic  year  in  which  the  school  is 
to  be  taught,  and  who  shall  not  hold  a  certificate  of  a  grade  suf- 
ficiently high  to  meet  the  requirements  of  the  school ;  unless  he  or 
she  holds  a  certificate  or  diploma  provided  for  by  this  Act,  which 
exempts  him  or  her  from  examination. 

Section  58.  Teachers  now  in  position  and  holding  certifi- 
actes  shall  not  be  affected  by  the  provisions  of  this  act,  it  be- 
ing the  intention  hereof  to  have  regard  to  certificates  to  be  issued 
in  the  future  rather  than  those  issued  in  the  past  and  held  by 
teachers  now  employed  and  giving  satisfaction  to  their  Boards; 
but  all  certificates  are  revocable. 


Section  59.  Each  teacher  of  any  school  in  this  State  sup- 
ported wholly  or  in  part  from  public  money  shall,  before  re- 
ceiving any  remuneration  for  services  rendered  in  said  capacity, 
file  a  certificate  with  the  person  by  whom  such  payments  are 
authorized  to  be  made  to  the  effect  that  such  teacher  has  faith- 
fully complied  with  all  provisions  of  this  Act  during  the  entire 
period  for  which  such  payment  is  sought  and  in  the  manner 
specified  in  this  Act;  and  no  money  shall  be  paid  to  any  teacher 
who  has  not  filed  such  a  certificate. 

Section  60.  Graduates  of  all  institutions  of  learning  author- 
ized to  confer  diplomas  under  the  laws  of  this  State  shall  be  cred- 
ited with  having  passed  a  satisfactory  examination  for  said  teach- 
ers' certificate  in  such  of  the  required  subjects  as,  by  the  presi- 
dent of  said  institution,  may  be  certified  to  as  having  been  com- 
pleted in  the  course  of  study  of  the  applicant,  excepting  theory 
and  art  of  teaching,  history  of  education,  psychology,  and  school 
administration. 

Section  61.  Teachers  now  holding  certificates  which  are  in 
force  and  which  were  heretofore  issued,  as  the  result  of  an  exam- 
ination held  under  the  authority  of  law  shall  not  be  required  to 
undergo  an  examination  under  the  provisions  of  this  Act,  but 
such  certificates  are  continued  in  force  for  their  respective 
grades  and  for  the  time  provided  for  in  the  law  under  which 
they  were  granted.  After  the  promulgation  of  this  Act  no  per- 
son shall  be  appointed  as  a  teacher  in  the  public  schools  unless 
he  or  she  holds  a  certificate  referred  to  in  this  Act,  or  a  diploma 
recognized  herein. 

Section  62.  The  diplomas  conferred  by  the  Peabody  Normal 
School  located  at  Nashville,  Tenn.,  upon  graduates  of  that  insti- 
tution, as  also  diplomas  conferred  by  the  State  Normal  School 
at  Natchitoches,  La. ;  as  also  diplomas  conferred  upon  the  grad- 
uates of  the  City  Normal  School  of  New  Orleans,  La.,  as  also 
diplomas  conferred  upon  the  graduates  of  the  Department  of 
Philosophy  and  Education  of  the  Louisiana  State  University 
and  Agricultural  and  Mechanical  College,  as  also  diplomas 
conferred  upon  the  graduates  of  the  Teachers7  College  of  Tu- 
lane  University,  as  also  graduates  completing  the  course  in  the 
Teachers'  Training  Department  of  all  schools,  or  institutions  of 


40 

learning  now  authorized  by  special  Acts  of  the  General  Assembly 
to  confer  diplomas  under  the  laws  of  this  State  that  will  estab- 
lish a  teachers'  training  department  following  a  curriculum  to 
be  established  by  the  State  Board  of  Education  shall  entitle  the 
holders  thereof  to  a  first  grade  certificate,  valid  in  any  town 
or  parish  in  this  State,  the  parish  of  Orleans  excepted,  for  five 
years  from  the  date  of  graduation,  at  the  expiration  of  which 
time  the  certificates  awarded  to  the  graduates  of  the  Peabody 
Normal  School  may  be  renewed  by  the  State  Superintendent 
of  Public  Education,  upon  satisfactory  evidence  of  the  ability, 
progress  and  moral  character  of  applicants  asking  for  such 
renewal;  certificates  awarded  to  the  graduates  of  the  State 
Normal  School  may  in  like  manner,  be  renewed  at  the  expira- 
tion of  five  years  by  the  Board  of  Administrators  of  the  said 
Normal  School;  certificates  awarded  to  the  graduates  of  the  De- 
partment of  Philosophy  and  Education -of  the  Louisiana  State 
University  and  Agricultural  and  Mechanical  College  may,  in  like 
manner,  be  renewed  at  the  expiration  of  five  years  by  the  Board 
of  Administrators  of  said  institution;  certificates  awarded  to 
graduates  of  the  City  Normal  School  of  New  Orleans  in  like  man- 
ner, may  be  renewed  at  the  expiration  of  five  years  by  the  Board 
of  Directors  by  whom  they  were  originally  issued;  and  certifi- 
cates awarded  to  graduates  of  all  other  institutions  having  com- 
plied with  the  curriculum  and  having  established  a  teachers' 
training  department  as  provided  in  this  section,  may  be  renewed 
at  the  expiration  of  five  years  by  the  authority  of  said  institution 
having  originally  issued  said  diploma. 

Section  63.  It  shall  be  the  duty  of  parish  superintendents 
and  teachers  of  the  public  schools  of  the  State  to  keep  such 
school  records  as  shall  be  prescribed  by  the  State  Superin- 
tendent of  Public  Education,  prior  to  receiving  his  or  her  month- 
ly salary  at  the  end  of  each  month.  Each  principal  of  a  school 
shall  make  to  the  parish  superintendent  a  report  of  the  entire 
number  of  pupils  enrolled,  the  number  of  pupils  in  attendance 
during  the  month,  the  book  used,  the  branches  taught,  and  such 
other  information  as  the  parish  superintendent  may  deem  impor- 
tant. If  any  principal  wilfully  neglects  or  fails  to  do  this,  the 
parish  superintendent  shall  withhold  two  dollars  of  the  salary 
due. 


41 

Section  64.  The  teacher  shall  faithfully  enforce  the  school 
course  of  study  and  the  regulations  prescribed  in  pursuance 
of  law;  and  if  any  teacher  shall,  willfully  refuse  or  neglect 
to  comply  with  such  requirements,  the  parish  superintendent 
shall  report  the  same  to  the  parish  school  board.  Every  teacheF 
shall  have  the  power  and  authority  to  hold  every  pupil  to  a  strict 
accountability  in  school  for  any  disorderly  conduct  on  the  play 
grounds  of  the  school  or  during  intermission  or  recess,  and  to  sus- 
pend from  school  any  pupils  for  good  cause ;  provided,  that  such 
suspension  shall  be  reported  in  writing  as  soon  as  practicable  to 
the  parish  superintendent,  whose  decision  shall  be  final;  and 
provided  further,  that  in  the  Parish  of  Orleans  the  principals  of 
the  schools  shall  suspend  and  report  the  same  to  the  superin- 
tendent for  approval  or  further  action. 

SCHOOL    TREASURER. 

Section  65.  The  superintendent  of  the  public  schools  in 
every  parish  (Parish  of  Orleans  excepted)  shall  be  and  is  hereby 
constituted  the  treasurer  of  all  school  funds  appropriated  by  the 
State  to  such  parish,  or  raised,  collected,  or  donated  therein  for 
the  support  of  the  free  public  school ;  he  shall  receipt  for  all  such 
funds  to  the  Treasurer  of  the  State  and  to  the  collector  of  parish 
taxes. 

That  the  parish  superintendents  of  schools  made  treasurers  of 
school  funds  under  the  provisions  of  this  section,  shall  give  bond 
in  such  sums  as  may  be  required  by  the  school  board  of  the 
parish ;  provided  that  said  bond  shall  not  be  less  than  the  greatest 
amount  in  the  hands  of  the  treasurer  during  the  previous  years 
at  any  one  time,  and  the  school  board  for  the  several  parishes 
shall  pay  the  premium  of  said  bond. 

That  the  superintendent  of  public  schools  shall  receive  no 
compensation  whatever  for  his  services  as  school  treasurer. 

The  said  treasurer  shall  deposit  the  school  funds  in  such  bank 
or  banks  as  may  be  designated  by  the  parish  school  board  under 
the  provisions  of  Act  No.  23,  of  the  special  session  of  the  General 
Assembly  of  1907.  (The  fiscal  agency  act  is  now  205,  1912.) 

Section  66.  Said  treasurer  immediately  upon  the  acceptance 
of  his  bond,  shall  demand  of  his  predecessor  in  the  office  of 


42 

treasurer  of  the  school  funds  custody  of  all  books  and  papers 
and  of  all  balances  of  school  moneys  in  his  hands  as  custodian 
of  the  school  funds  of  the  parish. 

Section  67.  The  treasurer  shall  pay  out  the  school  funds 
entrusted  to  his  charge  only  on  warrants  drawn  by  the  president 
and  countersigned  by  the  secretary  of  the  parish  school  board, 
and  shall  state  against  what  school  district  it  is  drawn,  which 
warrant  shall  be  drawn  by  these  officers  only  in  virtue  of  appro- 
priations regularly  made  by  the  parish  board;  the  parish  board 
shall  make  annually  an  estimate  of  the  amount  of  revenue  for 
the  year,  appropriating  the  same  as  above  required,  and  no 
warrant  beyond  the  amount  estimated  shall  be  drawn  for  any 
year. 

These  warrants  shall  be  numbered  and  shall  specify  on  their 
face  to  whom  and  for  what  they  are  given,  and  the  date  of 
the  appropriation  made  by  the  school  board;  the  treasurer 
shall  pay  these  warrants  only  to  the  extent  of  the  amount  to  the 
credit  on  his  books  and  in  the  order  in  which  they  are  presented, 
of  school  districts  in  behalf  of  which  the  warrants  shall  have 
been  drawn  and  said  warrants  shall  be  filed  in  his  office  as 
vouchers,  the  account  kept  by  him  as  treasurer  of  the  school 
fund,  shall  always  be  subject  to  examination  by  any  one  who 
chooses  to  examine  them. 

Section  68.  It  shall  be  the  duty  of  the  various  School  Boards 
throughout  the  State,  during  the  month  of  July  of  each  year  to 
adopt  a  budget  of  revenues  to  accrue  to  said  school  board  during 
the  ensuing  year;  said  budget  not  to  include  probable  revenues 
arising  from  a  doubtful  or  contingent  source. 

(a)  Within  ten  days  after  the  adoption  of  the  budget  of 
revenues,  the  school  boards  throughout  the  State,  shall  adopt 
a  budget  of  expenditures,  not  to  exceed  (100  per  cent),  one 
hundred  per  cent  of  the  budget  of  revenues ;  in  the  parish  of  Or- 
leans the  budget  of  expenditures  shall  not  exceed  (95  per  cent) 
ninety-five  per  cent  of  said  budget  of  revenues;  said  budget  of 
expenditures  shall  detail  the  said  expenditures  and  no  item  of 
indebtedness  not  included  in  said  detailed  estimate,  shall  be  paid 
by  the  treasurer  or  ex-officio  Treasurer  of  the  School  Board, 
under  pain,  he  and  his  surety,  of  being  personally  liable  for 
any  item  so  paid,  and  not  included  in  said  budget  of  expend!- 


tures,  if  during  the  course  of  the  succeeding  year,  revenues  from 
any  unexpected  or  contingent  source  should  have  been  realized, 
an  amended  budget  of  revenues  may  be  adopted  and  an  amended 
budget  appropriating  said  revenues  in  the  same  proportion  as 
above,  may  also  be  adopted.  The  adoption  of  said  budget  oiT 
expenditures  shall  be  considered  as  the  appropriation  of  the 
revenues  without  any  other  formal  appropriation. 

(b)  In  the  Parish  of  Orleans  at  the  end  of  the  year  after 
payment  of  all  the  indebtedness  budgeted,  the  school  board  shall 
apply  said  surplus  of  (5  per  cent)  five  per  cent  to  any  indebted- 
ness of  previous  years  reduced  to  final  judgments  liquidating 
and  fixing  the  amount  of  indebtedness,  whether  the  judgments 
be  absolute  or  limited  to  the  revenues  of  any  year. 

(c)  The  duties  of  said  School  Board  above  provided  for,  may 
be  enforced  before  any  court  of  justice  by  any  taxpayer,  re- 
siding in  the  parish  or  by  any  party  in  interest  by  such  appro- 
priate remedies  as  the  law  provides. 

Section  69.  The  Parish  School  Board  of  all  parishes  of  the 
State,  the  Parish  of  Orleans  included,  shall  make  an  enumera- 
tion of  all  educable  children  in  their  respective  parishes  before 
July  1st,  1915,  and  every  four  years  thereafter;  provided  that 
the  respective  school  boards  shall  not  pay  in  excess  of  three  cents 
for  each  child  so  enumerated. 

Section  70.  (As  amended  and  re-enacted  by  Act  158  of 
1914.)  All  the  public  schools  of  the  Parish  of  Orleans  and 
the  management,  property  and  appurtenances  thereof,  and  the 
course  of  study  and  grading  thereof,  including  the  text  books 
to  be  used  therein,  shall  be  under  the  direction  and  control  of 
the  Board  of  Directors  of  the  Public  Schools  of  said  Parish. 
Said  Board  shall  consist  of  five  members. 

The  first  Board  shall  be  elected  at  the  regular  Congressional 
election  in  the  year  1912  and  shall  hold  office  for  four  years, 
provided  that  at  the  regular  Congressional  election  for  the  year 
1916,  the  Board  of  Directors  then  to  be  elected  shall  be  divided 
into  two  groups,  the  first  group  to  consist  of  the  three  members 
who  received  the  greatest  number  of  votes,  who  shall  serve  for 
a  term  of  four  years;  the  second  group  to  consist  of  the  two 
members  who  received  the  least  number  of  votes  of  those  elect- 
ed, who  shall  serve  for  a  term  of  two  years;  the  successors  of  the 


44 

members  in  the  two  groups  shall  be  elected  for  terms  of  four 
years,  provided  that  the  said  elections  of  the  Board  of  Directors 
of  the  Public  Schools  shall  be  non-partisan;  that  the  names  of 
an  candidates  for  election  shall  be  piaced  in  alphabetical  OL- 
der  in  a  separate  column  of  the  ballot  under  the  general  head- 
ing "Board  of  Directors  of  the  Public  Schools,"  without  refer- 
ence to  party  affiliation  or  other  individual  designation  what- 
ever, and  that  the  said  candidates  shall  be  nominated  by  nomi- 
nation papers  only,  signed  for  each  candidate  by  not  less  than 
one  hundred  qualified  voters  of  the  Parish  of  Orleans;  said 
nomination  papers  shall  be  furnished,  prepared,  subscribed,  cer- 
tified and  promulgated  at  the  time  and  in  the  manner  and 
form  provided  for  by  the  General  Election  Law,  i.  e.,  Act  152 
of  1898  insofar  as  the  provisions  of  said  acts  are  not  in  con- 
flict herewith.  The  candidates  receiving  the  greatest  number  of 
votes  shall  be  declared  elected. 

All  vacancies  occurring  on  said  Board  for  an  unexpired  term 
of  one  year  or  less  shall  be  filled  by  appointment  by  the  Gov- 
ernor, and  all  other  vacancies  shall  be  filled  at  a  special  election 
called  by  the  Governor.  The  members  of  said  Board  of  Direct- 
ors shall  be  elected  from  the  City  at  large  under  the  general 
election  laws  of  the  State  and  in  the  same  manner  as  are  the 
members  of  the  several  Parish  Boards  of  Directors  throughout 
the  State,  except  only  as  to  the  provisions  herein  made  for  non- 
partisan  elections. 

The  election  or  elections  herein  provided  for  shall  be  held 
under  the  general  election  laws  insofar  as  they  are  not  in  con- 
flict with  this  act. 

Section  71.  Said  board  is  hereby  constituted  a  body  cor- 
porate in  law  with  power  to  sue  and  be  sued  under  the  name 
and  style  of  the  Board  of  Directors  of  the  Public  Schools — Par- 
ish of  Orleans,  legal  processes  shall  be  served  on  the  President 
and  in  his  absence  or  inability  to  act  on  the  Vice-President. 
The  said  board  shall  have  the  right  to  make  such  rules  and  by- 
laws for  the  government  not  inconsistent  with  this  act  as  it  may 
deem  proper.  Three  members  shall  constitute  a  quorum  for 
the  transaction  of  business. 

The  said  board  shall  meet  as  soon  as  elected,  or  as  soon  there- 
after as  practicable,  and  organize  by  electing  a  president  and 


45 

vice-president  from  among  their  own  members,  and  a  secretary 
who  shall  not  be  a  member  of  the  board.  The  said  board  shall 
at  its  first  meeting,  or  as  soon  thereafetr  as  practicable,  elect  a 
competent  and  experienced  educator  to  be  designated  as  super- 
intendent whose  duty  shall  be  hereinafter  described,  he  shall  holcL 
office  for  a  term  of  four  years,  commencing  July  13th,  1913.  at 
the  close  of  the  term  of  the  present  superintendent  subject  to 
removal  by  the  board  for  incompetence,  neglect  of  duty  or  mal- 
feasance of  which  after  an  impartial  hearing  by  the  board  he 
shall  have  been  deemed  guilty.  The  said  board  shall  also  elect  as 
many  assistant  superintendents,  who  shall  have  the  same  quali- 
fications as  the  superintendent,  as  said  board  may  deem  necessary 
to  properly  conduct  the  public  schools  of  said  parish,  which  num- 
ber of  assistant  superintendents  may  be  increased  or  diminished 
at  the  pleasure  of  the  Board.  The  Board  may  give  to  the  assist- 
ant superintendents  such  title  or  designation  as  it  may  deem 
wise  or  advisable. 

The  said  board  shall  also  elect  an  attendance  officer,  and  em- 
ploy such  other  officers,  clerks  and  assistants  as  may  be  necessary 
to  properly  conduct  the  public  schools  of  the  parish.  In  addition 
to  the  duties  of  his  office,  which  may  be  fully  prescribed  by  the 
board,  the  secretary  shall  make  a  quarterly  report  to  the  State 
Superintendent  of  Education  of  the  cost  of  maintaining  the  City 
schools,  and  shall  keep  the  accounts  of  said  board  in  such  manner 
as  to  be  in  strict  accordance  with  such  budget  as  it  may  adopt 
certifying  to  said  board  at  each  monthly  meeting  the  expenses 
of  said  board  for  each  current  month.  Said  board  shall  have  con- 
trol of  all  buildings,  records,  papers,  furniture  and  property  of 
any  kind  pertaining  to  the  administration  of  the  schools,  and 
shall  have  management  of  all  the  public  schools  within  the  limits 
of  the  Parish  of  Orleans.  The  said  Board  shall  also  have  power 
to  pledge  its  revenues  for  the  year  then  current,  whether  received 
from  the  State,  Parish,  Board  of  Liquidation  of  City  Debt,  or 
otherwise,  for  the  purpose  of  promptly  paying  its  obligations 
or  for  such  other  purposes  as  to  said  board  may  deem  proper. 

Section  72.  All  the  provisions  of  this  Act  shall  be  and  are 
applicable  to  the  Parish  of  Orleans,  to  the  schools  situated  there- 
in, and  to  the  board  of  directors  of  said  parish  unless  the  said 


46 

Parish  of  Orleans  is  especially  excepted  from  the  application  of 
such  provisions,  and  unless  such  provisions  are  in  conflict,  or  are 
incompatible  with,  or  are  contrary  to  the  provisions  of  this 
Act  beginning  with  Section  70  hereof.  In  addition  to  the  powers, 
duties  and  rights  hereinbefore  granted  to  and  imposed  upon 
parish  boards,  the  powers,  duties  and  rights  of  said  Board  of 
Directors  of  the  Public  Schools  of  the  Parish  of  Orleans  shall  be 
as  follows: 

First — It  shall  adjust  and  fix  equitably  the  salaries  of  teach- 
ers and  janitors,  also  of  the  superintendent,  secretary,  attend- 
ance officer,  employees,  and  of  such  assistant  superintendents  as 
it  may  deem  necessary  for  the  efficient  supervision  and  conduct 
of  the  schools. 

Second — It  shall  limit  the-  annual  expenses  of  maintaining 
the  schools  to  the  annual  revenue ;  the  expense  of  any  one  month 
shall  not  exceed  the  one-ninth  part  of  the  whole  amount  pro- 
vided for  the  schools  for  the  then  current  year. 

Third — It  shall  prescribe  rules  for  subjecting  teachers  or  can- 
didates for  teacherships  in  the  grades  of  the  elementary  schools 
to  a  careful  competitive  examination  on  all  branches  they  are 
expected  to  teach,  and  no  such  person  shall  be  elected  to  a  posi- 
tion as  teacher  without  a  favorable  report  on  his  moral  or  mental 
qualifications  by  an  organized  committee  of  examiners  appointed 
by  the  board. 

Nothing  in  this  Act  shall  be  so  construed  as  to  vacate  the  office 
of  any  teacher  for  which  he  or  she  shall  have  been  appointed 
under  existing  laws,  nor  as  requiring  persons  now  teaching  in 
the  public  schools  of  the  Parish  of  Orleans,  to  qualify  in  accord- 
ance with  this  Act. 

All  teachers  now  employed  in  said  public  schools  shall  be  re- 
garded as  permanent  employees  of  said  Board  of  Directors  of 
the  Public  Schools  of  the  Parish  of  Orleans,  and  said  teachers 
shall  not  be  removed  from  office,  except  on  written  charges  of  im- 
morality, neglect  of  duty,  incompetency,  malfeasance  or  non- 
feasance  of  which  he  has  been  found  guilty  by  the  Board  after 
such  investigation  and  report  as  may  be  ordered  or  provided  for 
by  rules  and  regulations  to  be  adopted  by  the  said  board,  pro- 
vided, that  the  marriage  of  a  female  teacher  at  any  time  shall 
ipso  facto  vacate  her  position. 


47 

All  teachers  hereafter  appointed  in  said  schools  shall  be  ap- 
pointed annually  for  the  first  three  years,  after  which  time  the 
appointment  shall  be  permanent  upon  a  favorable  recommenda- 
tion by  the  Superintendent. 

Fourth — It  shall  elect  all  teachers  for  the  grades  in  elementa^ 
ry  schools  from  among  the  candidates  holding  certificates  in  the 
order  of  their  merit  as  shown  by  the  averages  attained  at  the 
regular  competitive  examinations,  provided  for  under  paragraphs 
three  and  nine  of  this  section. 

Fifth — All  certificates  shall  be  good  for  five  years  and  shall  be 
graded  by  the  said  committee  of  examiners  hereinabove  provided 
for,  provided,  teachers  in  service  shall  not  be  required  to  stand 
future  examinations. 

Sixth — It  shall  hold  regular  monthly  meetings  on  a  day  to  be 
fixed  by  it. 

Seventh — It  shall  declare  vacant  the  position  of  any  of  its 
members  who  shall  have  failed  to  perform  the  duties  assigned  to 
him,  or  who  shall  have  absented  himself  from  two  successive 
monthly  meetings  of  the  board  without  leave,  or  shall  have  been 
guilty  of  any  breach  of  decorum  or  of  any  other  act  inconsistent 
with  the  dignity  of  a  school  director;  and  it  shall  report  each 
vacancy  to  the  Governor. 

Eighth — It  may  maintain  evening  or  night  schools  for  the  in- 
struction of  such  persons  as  are  prevented  by  their  daily  voca- 
tion from  receiving  instruction  during  the  day. 

Ninth — It  may  maintain  one  or  more  normal  schools  for  pro- 
fessional training  and  improvement  of  candidates  for  teacher- 
ships  including  the  course  of  instruction  and  training,  lectures 
in  the  natural  sciences,  and  on  the  method  of  teaching  and  dis- 
ciplining children,  and  the  practical  exercises  of  nonteaching 
students  in  model  classes  organized  for  that  purpose  by  the  fac- 
ulty of  the  institution.  To  graduates  of  these  normal  schools, 
also  to  proficient  students  in  the  city  high  schools,  the  board 
may,  in  its  discretion,  award  diplomas  showing  the  grade  at- 
tained. Graduates  of  these  normal  schools  may  be  deemed  pre- 
ferred candidates  for  vacant  positions  in  the  parish  public  schools. 
Diplomas  awarded  to  graduates  of  these  normal  schools  shall  be 
deemed  equivalent  to  teaching  certificates  of  the  highest  grade 


48 

for  public  schools;  provided  that  the  rank  of  said  graduate  of 
these  normal  schools  in  the  list  of  candidates  eligible  for  teacher- 
ships  in  the  grades  of  the  elementary  schools  shall  be  based  on 
the  average  of  all  the  grades  in  the  various  subjects  in  their 
course  of  study  in  said  normal  schools. 

Tenth — The  .board  of  directors  shall  appropriate  annually 
not  less  than  the  sum  of  two  thousand  dollars,  or  as  much  thereot 
as  may  be  needed  for  the  purchase  of  school  books  to  be  used  by 
pupils  in  the  public  schools  of  the  parish  of  Orleans,  which  said 
hooks  shall  be  distributed  as  the  said  board  of  directors  may  pro- 
vide and  shall  be  used  by  children  to  whom  distributed  under 
such  conditions,  restrictions,  rules  and  regulations  as  the  board 
may  prescribe. 

Eleventh — The  said  board  of  directors  shall  make  an  enumer- 
ation of  all  educable  children  in  the  Parish  of  Orleans  before 
July  1st,  1915,  and  every  four  years  thereafter. 

Section  73.  No  school  director  of  the  Parish  of  Orleans  shall 
receive  any  compensation  for  his  services  as  such  director. 

Section  74.  The  Parish  Superintendent  of  Public  Schools 
of  the  Parish  of  Orleans  shajl  aid  the  directors  in  organizing  the 
schools  and  in  improving  the  methods  of  instruction  therein,  in 
examining  candidates  for  teacherships,  and  in  conducting 
periodical  examination  of  pupils  for  promotion  through  the  res- 
pective grades  of  the  schools,  and  in  maintaining  general  uni- 
fomity  and  discipline  in  the  management  of  all  schools.  He 
shall  make  monthly  reports  on  the  condition  and  needs  of  the 
schools  to  his  board  of  directors  at  their  regular  meetings.  For 
the  information  of  the  common  council,  the  school  directors,  and 
the  public  generally,  he  shall,  on  or  before  the  tenth  day  of 
December  of  each  year,  publish  a  printed  report,  in  book  form, 
showing  the  condition  and  progress,  and  possible  improvements 
to  be  made  in  the  public  schools  in  the  Parish,  the  amount  and 
condition  of  the  school  funds,  how  the  reveunes  have  been  dis- 
tributed during  the  past  year,  the  amount  collected  and  dis- 
bursed for  common  school  purposes  from  the  general  current 
school  fund  of  the  State,  from  local  taxation  or  appropriation, 
and  from  all  other  sources  of  revenue,  and  how  the  same  was 
expended  for  buildings,  repairs,  salaries,  furniture,  and  ap- 


49 

paratus,  and  all  other  items  of  expenditure.  The  report  will 
show,  also,  the  number  of  pupils  enrolled,  male,  female,  white 
and  colored,  the  number  of  and  location  of  school  houses,  the 
number  of  teachers  employed  in  the  various  grades,  in  the  nor- 
mal, high,  grammar,  primary,  and  kindergarten  schools,  and 
the  daily  average  attendance  of  pupils  during  the  annual  ses- 
sion and  the  average  expenses  per  capita  of  their  instruction;  it 
shall  contain,  also,  an  account  of  examinations  held  for  teacher- 
ships,  the  number  of  certificates  of  each  grade  awarded,  the  names 
of  applicants  who  received  them,  and  generally  all  other  items  of 
information  which  should  be  contained  in  a  report  upon  the  an- 
nual operation  of  the  school  system  of  a  large  city.  Copies  of 
this  report  shall  be  forwarded,  one  each,  to  the  Governor  and 
members  of  the  State  Board  of  Education,  the  State  Superintend- 
ent of  Education,  the  members  of  the  Common  Council  of  the 
City  of  New  Orleans,  and  to  other  officials  and  persons  interested 
in  the  welfare  and  progress  of  the  Parish  Schools.  He  shall  be 
entitled  to  participate  in  the  deliberations  and  debates  of  said 
board  but  shall  have  no  vote.  Whenever  notified  to  be  present, 
he  shall  attend  meetings  of  the  State  Board  of  Education. 

Section  75.  The  Treasurer  of  the  City  of  New  Orleans  shall 
ex-officio  be  the  Treasurer  of  said  board  and  shall  receive  all 
funds  apportioned  by  the  State  to  such  city,  or  received  or 
collected  for  the  support  of  the  free  public  schools  from  any 
and  all  sources.  He  shall  give  bond,  with  good  and  solvent 
security  in  the  sum  of  fifty  thousand  dollars  ($50,000)  in 
favor  of  the  said  board  and  its  successors  in  office,  to  be  ac- 
cepted and  approved  by  said  board  and  recorded  in  the  mort- 
gage office  of  the  Parish,  and  which  bond  shall  then  be  filed 
and  kept  on  record  in  the  office  of  the  said  board.  The  filing  of 
said  bond,  and  taking  and  filing  the  usual  oath  of  office  before 
any  officer  authorized  to  administer  same,  shall  qualify  the  Treas- 
urer to  act. 

Section  76.  Said  Treasurer  shall  hold  his  office  during  his 
term  of  office  as  City  Treasurer,  unless  sooner  removed  after  due 
trial  and  hearing  by  the  said  board,  for  neglect  of  duty  or  mal- 
feasance in  office ;  and  in  case  of  removal  by  the  board,  it  shall 
elect  a  treasurer  who  shall  not  be  a  member.  He  shall  receive  the 


50 

sum  of  fifteen  hundred  dollars  per  annum  for  the  trouble  and 
expenses  which  may  be  incurred  by  him  in  the  discharge  of  the 
duties  imposed  under  this  act,  payable  monthly.  He  shall  keep 
his  office  open  at  all  such  times  as  may  be  prescribed  by  said  board 
for  the  payment  of  pay  rolls  or  checks  in  favor  of  teachers  and 
other  employees  of  the  board. 

Section  77.  It  shall  be  the  duty  of  the  Common  Council  of 
the  City  of  New  Orleans,  in  making  up  their  budget  of  annual 
expenses,  to  include  therein  the  amount  necessary  to  meet  the 
expenses  of  the  schools,  as  shown  by  the  statement  of  the  actual 
attendance,  and  the  cost  of  instruction  with  such  additional  al- 
lowance for  probable  increased  attendance  and  contingent  ex- 
penses as  may  seem  just  and  reasonable  to  the  City  Council,  and 
keep  in  good  repair  all  school  houses  and  school  grounds  belong- 
ing to  the  City  of  New  (Means  and  in  charge  of  the  said  board 
of  directors.  That  hereafter  whenever  the  City  of  New  Orleans 
contemplates  the  erection  of  a  new  school  building,  the  said 
Board  of  Directors  of  the  Public  Schools  of  the  Parish  of  Or- 
leans, shall  have  the  right  to  designate  the  name  and  location  of 
said  school. 

ACT  NO.    11  OF    1912. 

Be  it  resolved  by  the  House  of  Representatives,  the  Senate 
concurring,  that  the  Registrar  of  the  Land  Office  and  the  Attor- 
ney General  be,  and  they  are  hereby  directed  to  look  into  the 
matter  of  sixteenth  section  lands  and  school  indemnity  lands  set 
aside  for  the  benefit  of  the  public  schools  of  the  State  of  Louis- 
iana, and  to  prepare  a  statement  which  will  show  all  sixteenth 
sections  and  indemnity  lands  that  were  originally  set  aside  for 
the  benefit  of  the  public  schools  in  the  various  parishes,  what 
lands  have  been  sold,  and  what  was  done  with  the  funds  realized 
from  the  sale  of  such  lands,  and  what  sixteenth  sections  and 
school  indemnity  lands  are  still  owned  by  the  various  parishes 
for  the  benefit  of  the  public  schools,  and  where  located.  "Where 
funds  realized  from  the  sale  of  sixteenth  sections  and  school 
indemnity  lands  have  not  been  properly  credited  on  the  State 
Auditor's  books  for  the  benefit  of  the  parishes  entitled  to  them, 
the  Attorney  General  shall  take  the  necessary  action  to  require 
the  State  Auditor  to  make  the  proper  corrections. 


51 

ACT    NO.  34  OF    1912. 

Section  1.  Any  person,  who  in  any  manner,  for  exhibition  or 
display,  shall  after  this  act  takes  effect,  place  or  cause  to  be 
placed  any  word,  figure,  mark,  picture,  design,  drawing  or  any 
advertisement  of  any  nature  upon  any  flag,  standard,  color  or~~ 
ensign  of  the  United  States  or  State  flag  of  this  State,  or  ensign, 
or  shall  expose  or  cause  to  be  exposed  to  public  view,  any  such 
flag,  standard,  color  or  ensign  upon  which  after  this  act  takes 
effect,  shall  have  been  printed,  painted,  or  otherwise  placed,  or 
to  which  shall  be  attached,  appended,  affixed,  or  annexed,  any 
word,  figure,  mark,  picture  design,  or  drawing,  or  any  advertise- 
ment of  any  nature,  or  who  shall,  after  the  first  day  of  Septem- 
ber, 1912,  expose  to  public  view,  manufacture,  sell,  expose  for 
sale,  give  away,  or  have  in  possession  for  sale,  or  to  give  away,  or 
for  use  for  any  purpose  any  article,  or  substance,  being  an  article 
of  merchandise,  or  a  receptacle  of  merchandise  or  article  or  thing 
for  carrying  or  transporting  merchandise,  upon  which  after  this 
act  takes  effect,  shall  have  been  printed,  painted,  attached  or 
otherwise  placed,  a  representation  of  any  such  flag,  standard, 
color,  or  ensign  to  advertise,  call  attention  to,  decorate,  mark  or 
distinguish  the  article  or  substance,  on  which  so  placed,  or  who 
shall  publicly  mutilate,  deface,  defile,  or  defy,  trample  upon,  or 
cast  contempt,  either  by  words  or  act,  upon  any  such  flag,  stand- 
ard, color,  or  ensign,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  shall  be  punished  by  a  fine  not  exceeding  one 
hundred  dollars  or  by  imprisonment  for  not  more  than  thirty 
days,  or  both  in  the  discretion  of  the  court.     The  words  flag, 
standard,  color,  or  ensign,  as  used  in  this  subdivision  or  section 
shall  include  any  flag,  standard,  color,  or  ensign,  or  any  picture 
or  representation,  of  either  thereof,  made  of  any  substance,  or 
represented  on  any  substance,  and  of  any  size,  evidently  pur- 
porting to  be,  either  of,  said  flag,  standard,  color,  or  ensign,  of 
the  United  States  of  America,  or  a  picture  or  a  representation, 
of  either  thereof,  upon  which  shall  be  shown  the  colors,  the  stars, 
and  the  stripes,  in  any  number  of  either  thereof,  or  by  which 
the  person  seeing  the  same,  without  deliberation  may  believe 
the  same  to  represent  the  flag,  colors,  standard,  or  ensign,  of 
the  United  States  of  America. 


52 

The  possession  after  this  act  takes  effect,  by  any  person,  other 
than  a  public  officer,  as  such,  of  any  such  flag,  standard,  color 
or  ensign,  on  which  shall  be  anything  made  unlawful  at  any 
time  by  this  section,  or  of  any  article  or  substance  or  thing 
on  which  shall  be  anything  made  unlawful  at  any  time  by  this 
section,  shall  be  presumptive  evidence  that  the  same  is  in  violation 
of  the  section,  and  was  made,  done  or  created  after  this  act 
takes  effect,  and  that  such  flag,  standard,  color,  ensign,  or  article, 
substance,  or  thing,  did  not  exist  when  this  act  takes  effect. 

Section  2.  When  by  any  statute  of  this  state,  the  use  of  the 
flag  of  the  United  States  of  America,  or  of  any  picture  or  rep- 
resentation of  such  flag,  is  made  penal  or  unlawful,  this  act 
shall  not  apply  to  any  act  permitted  by  the  statutes  of  the  United 
States  of  America  or  by  the  United  States  army  and  navy  regu- 
lations nor  shall  it  be  construed  to  apply  to  any  newspaper, 
periodical,  book,  pamphlet,  circular,  certificate,  diploma,  war- 
rant or  commission  of  appointment  to  office,  ornamental  picture, 
article  of  jewelry,  or  stationery  for  use  in  correspondence,  on 
any  of  which  shall  be  printed,  painted  or  placed,  said  flag,  dis- 
connected from  any  advertisement. 

ACT  NO.  39   OF    1912. 

Section  1.  The  official  flag  of  Louisiana  shall  be  that  flag 
now  in  general  use,  consisting  of  a  solid  blue  field  with  the  Coat- 
of-Arms  of  the  State,  the  pelican  feeding  its  young,  in  white  in 
the  center,  with  a  ribbon  beneath,  also  in  white,  containing  in 
blue  the  motto  of  the  State,  "Union,  Justice  and  Confidence," 
the  whole  showing  as  below. 

Section  2.  The  said  State  flag  shall  be  displayed  on  the  State 
House  whenever  the  General  Assembly  is  in  session  and  on 
public  buildings  throughout  the  State  on  all  legal  holidays  and 
whenever  otherwise  directed  by  the  Governor  or  the  General  As- 
sembly. 

ACT  NO.  69  OF  1912. 

Section  1.  The  police  juries  of  the  several  parishes  of  the 
State,  under  such  regulations  as  they  may  prescribe  be  and 
are  hereby  authorized  to  appropriate  and  use  from  parish  funds 
any  sum  or  sums  of  money  not  exceeding  altogether  one  thousand 
dollars  per  year  in  aid  of  the  Farmers'  Cooperative  Demonstra- 


53 

tion  Work  in  their  respective  parishes  jointly  with  the  agents 
and  representatives  of  the  United  States  Department  of  Agri- 
culture, upon  such  terms  and  conditions  as  may  be  agreed  upon 
between  the  several  police  juries  and  said  agents  and  represen- 
tatives. 

ACT  NO.    145  OF  1912. 

Section  1.  The  police  juries  of  the  several  parishes  of  this 
State  are  empowered  to  acquire  the  ownership  of  a  tract  of  land 
and  when  so  acquired  the  title  to  the  same  shall  rest  in  the 
public  provided,  however,  ki  those  parishes  having  large  areas 
of  different  classes  of  soil  are  empowered  under  this  act  to  ac- 
quire tracts  as  aforesaid  representative  of  the  several  classes  of 
soil  that  predominate  in  the  particular  parish. 

Section  2.  The  tracts  of  land  so  acquired  are  to  be  consti- 
tuted Parish  Experimental  Farms  and  the  parish  is  to  improve 
said  property  so  that  it  may  be  worked  by  the  parish  in  accord- 
ance with  plans  to  be  suggested  by  the  State  and  United  States 
Agricultural  Departments,  provided  that  the  police  juries  of  the 
said  parishes  may  utilize  in  the  working  of  the  same  its  parish 
prisoners. 

Section  3.  The  Parish  Experimental  Farms  provided  for 
by  this  act  are  established  for  the  purpose  of  demonstrating  the 
possibilities  of  the  soil  in  the  respective  parishes,  and  in  every 
way  to  disseminate  a  scientific  knowledge  of  agriculture,  and  in 
consequence  the  work  and  results  so  obtained  on  the  Parish  Ex- 
perimental Farms  are  to  be  open  to  the  inspection  and  study 
of  the  public  at  stated  times. 

Section  4.  With  a  view  of  stimulating  a  friendly  rivalry 
as  to  the  most  successful  results  obtained  upon  the  said  Parish 
Experimental  Farms,  it  is  further  provided  that  a  selection  of 
the  best  results  of  each  year's  work  upon  said  Parish  Experi- 
mental Farms  may  be  assembled  and  exhibited  annually  at  the 
State  Fair  in  the  building  owned  and  set  apart  by  the  State  as 
an  Agricultural  Hall  at  the  State  Fair  of  Louisiana. 

Section  5.  The  Police  Juries  are  empowered  to  make  pro- 
vision in  their  budgets  for  the  carrying  out  of  this  act  at  the 
earliest  practicable  time  that  the  finances  of  each  parish  will 
permit. 


54 

ACT  NO.  118  OF    1912. 

Section  1.  (As  amended  and  re-enacted  by  Act  207  of 
1914.)  That  the  Board  of  Trustees  of  the  Southern  Uni- 
versity are  hereby  directed  to  sell  all  of  its  present  property,  real 
and  personal  save  and  except  such  personal  property. as  will  be 
useful  or  necessary  for  the  purposes  of  the  Southern  University, 
situated  in  the  Parishes  of  Jefferson  and  Orleans,  State  of  Louis- 
iana, upon  such  terms  and  conditions  as  said  Board  of  Trustees 
may  determine;  provided,  that  the  sale  contemplated  by  this 
section  shall  be  first  submitted  to  the  Governor  of  the  State 
for  his  approval,  in  writing,  which  written  approval  shall  be 
attached  to  the  Act  or  Acts  of  Sale  as  authority  to  the  notary  to 
pass  the  deed.  The  proceeds  of  said  sale  shall  be  invested  in  the 
manner  and  in  such  property  as  hereinafter  provided. 

Section  2.  The  said  Board  of  Trustees,  within  a  reasonable 
time  after  the  passage  of  this  Act,  shall  acquire  a  suitable  site 
for  said  Southern  University,  in  the  rural  section  of  the  State, 
and  upon  said  site  erect  appropriate  buildings,  containing  such 
equipment  as,  in  the  judgment  of  the  said  Board  of  Trustees, 
is  necessary  and  proper  for  carrying  on  of  the  said  Southern 
University,  under  the  terms  of  this  Act,  and  under  the  terms 
of  Act  No.  87  of  1880,  that  said  Board  of  Trustees  shall,  prior 
to  executing  the  deed  of  sale  for  the  property  herein  contem- 
plated to  be  purchased,  submit  the  terms  and  conditions  of 
said  purchase  and  the  location  of  said  property,  to  the  Governor 
of  the  State,  for  his  approval,  and  his  written  approval  of  the 
location  and  the  terms  and  conditions  of  the  purchase,  shall  be 
the  authority  to  the  said  Board  of  Trustees,  to  execute  the  deed 
of  purchase.  The  sessions  shall  continue  in  said  university  and 
on  said  farm  until  the  new  site  of  the  university  is  provided  for 
under  the  provisions  of  this  act. 

Section  3.  In  addition  to  carrying  out  the  University  pur- 
poses set  forth  in  Section  7  of  Act  No.  87,  of  1880,  said  Board  of 
Trustees  shall  have  power  and  it  shall  be  their  duty  to  establish 
a  department  of  said  Southern  University,  which  shall  be  known 
as  ' '  The  Industrial  and  Agricultural  Normal  School ; ' '  that  said 
"Industrial  and  Agricultural  Normal  School"  shall  be  equipped 
in  such  manner  and  provided  with  such  teachers,  so  as  to  in- 


55 

struct  persons  of  color,  male  and  female,  to  be  teachers,  so  they 
can  teach  industrial  and  agricultural  subjects  in  schools  for 
youths  of  both  sexes  of  the  colored  race. 

Section  4.  It  shall  be  the  duty  of  the  Board  of  Trustees 
of  the  Southern  University,  as  soon  as  practicable  after  the 
establishment  of  the  University  upon  the  new  site  contemplated 
in  this  Act,  to  establish  a  department  of  the  University,  which 
shall  be  known  as  "The  Model  Industrial  and  Agricultural 
School, ' '  and  at  least  eight  grades  shall  be  created  in  said  school, 
in  which  to  assign  pupils,  and  said  grades  and  the  course  ot 
teaching  to  be  taught  therein,  shall  be  set  forth  in  proper  regu- 
lations to  be  formulated  by  the  said  Board  of  Trustees,  provided 
that  all  teachers  in  the  said  "Model  Industrial  and  Agricultural 
School"  shall  be  persons  of  the  colored  race. 

Section  5.  The  said  Board  of  Trustees  shall  be  empowered 
to  enact  general  rules  and  by-laws  for  the  said  University  in  all 
its  departments,  whether  said  departments  appertain  to  indus- 
trial and  agricultural  subjects  or  to  the  arts  and  letters,  and 
to  elect  a  President  of  the  Faculty,  the  professors  and  teachers 
and  determine  their  compensation ;  also  all  officers  and  employees 
that  may  be  necessary,  and  prescribe  their  duties  and  compensa- 
tion ;  providing  that  the  President  of  the  Faculty,  the  professors, 
teachers  and  all  other  employees  except  only  the  Board  of 
Trustees,  themselves,  shall  be  persons  of  the  colored  race.  All 
members  of  the  Board  of  Trustees  shall  be  of  the  white  race, 
and  the  Board  shall  consist  of  one  member  from  each  of  the 
Congressional  Districts,  appointed  for  a  term  of  four  years,  by 
the  Governor  of  the  State,  and  the  State  Superintendent  of 
Public  Education  and  the  Governor,  the  Governor  to  be  Chair- 
man of  the  Board.  (Southern  University  is  now  located  on  a 
farm  of  500  acres  at  Scotland,  four  miles  north  of  Baton  Rouge.) 

ACT  NO.  125  OF    1912. 

Section  1.  The  Attorney  General  of  the  State  of  Louisi- 
ana in  the  Parish  of  Orleans  and  the  District  Attorney  of  the 
several  Judicial  Districts  of  the  State  of  Louisiana,  other  than 
the.  Parish  of  Orleans,  shall  ex-officio  and  without  extra  com- 
pensation, general  or  special,  be  the  regular  attorneys  and  coun- 
sel for  the  Police  Juries  and  School  Boards  within  the  Par- 


56 

ish  of  Orleans  and  within  their  respective  Districts  and  of 
every  State  Board  or  Commission  domiciled  therein,  including 
Levee  Boards,  Hospital  and  Asylum  Boards,  educational  Boards 
and  Dock  Boards,  and  all  State  Boards,  or  Commissions,  the 
members  of  which,  in  whole  or  in  part,  are  elected  by  the  peo- 
ple, or  appointed  by  the  Governor  or  other  prescribed  authori- 
ty, except  all  State  Boards  and  Commissions  domiciled  at  the 
City  of  Baton  Rouge,  Parish  of  East  Baton  Rouge,  and  all 
Boards  in  charge  or  in  control  of  State  Institutions ;  and  it  shall 
be  unlawful  for  any  Police  Jury,  School  Board,  or  State  Board 
or  commission  to  retain  or  employ  for  any  compensation  whatever 
any  attorney  or  counsel  to  represent  it  generally,  or  except  as 
hereinafter  provided,  to  retain  or  employ  any  special  attorney 
or  counsel  for  any  compensation  whatever  to  represent  it  in  any 
special  matter,  or  pay  any  compensation  for  any  legal  services 
whatever;  Provided  that  the  Orleans  Levee  Board  shall  select 
its  own  attorney  who  shall  also  be  the  attorney  for  the  Board  of 
Commissioners  of  the  port  of  New  Orleans  at  a  salary  of  Twenty- 
five  Hundred  Dollars  per  annum,  to  be  paid  jointly  by  the  Or- 
leans Levee  Board  and  the  Board  of  Commissioners  of  the  Port 
of  New  Orleans  at  the  rate  of  Twelve  Hundred  and  Fifty  Dol- 
lars yearly  each.  Provided  further  that  the  provisions  of  this 
Act  shall  not  apply  to  the  Board  of  Assessors  of  the  Parish  of 
Orleans,  the  salary  of  whose  attorney  is  paid  by  the  City  of  New 
Orleans,  and  the  Board  of  School  Directors  of  the  Parish  of 
Orleans,  for  which  board  the  city  attorney  of  the  City  of  New 
Orleans  is  ex-officio  Attorney. 

Section  2.  In  the  event  it  should  be  necessary  to  protect 
the  public  interest  for  any  State  Board  or  Commission  to  retain 
or  employ  any  special  attorney  or  counsel  to  represent  it  in  any 
special  matter  for  which  services  any  compensation  is  to  be  paid 
by  it,  it  shall  have  the  power  and  authority  to  retain  or  employ 
such  special  attorney  or  counsel  solely  on  the  joint  written  ap- 
proval of  the  Governor  and  the  Attorney  General  of  the  State 
and  to  pay  only  such  compensation  as  the  Governor  and  the 
Attorney  General  may  designate  in  said  written  approval,  the 
said  approval  to  be  given  in  their  discretion  only  upon  the  ap- 
plication of  such  Board  or  Commission  by  a  resolution  thereof 
setting  forth  fully  reasons  for  the  proposed  retention  or  employ- 


57 

ment  of  such  special  attorney  or  counsel  and  the  amount  of  the 
proposed  compensation,  provided  the  Governor  and  Attorney 
General  shall  not  ratify  or  approve  any  action  of  such  Board 
in  employing  any  special  attorney  or  counsel  or  paying  any 
compensation  for  special  services  rendered,  unless  all  formalities 
as  provided  by  this  act  as  to  resolutions,  etc.,  have  been  complied 
with. 

Section  3.  No  Police  Jury  or  Parish  School  Board  shall  re- 
tain or  employ  any  special  attorney  or  counsel  to  represent  it  in 
any  special  matter  or  pay  any  compensation  for  any  legal  serv- 
ices whatever  unless  a  real  necessity  exists  therefor  made  to 
appear  by  a  resolution  thereof,  stating  fully  the  reasons  for  such 
action  and  the  compensation  to  be  paid,  which  resolution  shall  be 
spread  upon  the  minutes  of  such  body  and  published  in  the 
official  journal  of  the  Parish. 

Section  4.  The  District  Attorneys  who  shall  refuse  or  will- 
fully fail  to  perform  the  duties  required  of  them  by  this  act  or 
willfully  fail  to  render  faithful  and  efficient  services  in  such  re- 
gard shall  be  deemed  guilty  of  malfeasance  and  gross  misconduct 
and  removal  from  office  in  the  manner  prescribed  by  law,  and 
the  members  of  Police  Juries,  Parish  School  Boards,  and  State 
Boards  or  Commissions  aforesaid,  who  shall  violate  any  of  the 
provisions  of  this  act,  and  any  attorney  or  counselor  who  shall 
knowingly  accept  such  prohibited  employment  or  compensation 
shall  be  deemed  guilty  as  principals  of  a  misdemeanor  and  on 
conviction  sentenced  to  pay  a  fine  of  not  less  than  twenty-five 
nor  more  than  two  hundred  and  fifty  dollars  and  imprisoned  for 
not  less  than  ten  nor  more  than  ninety  days  and  in  addition 
thereto  the  members  of  such  Boards  or  Commissions  shall  be 
deemed  guilty  of  malfeasance  and  gross  misconduct  and  re- 
moved from  office  in  the  manner  prescribed  by  law  if  elected  by 
the  people,  and  by  the  Governor  or  other  prescribed  authority, 
if  appointed. 

Section  5.  The  Governor  may  in  his  discretion  require  and 
direct  the  Attorney  General  to  render  any  Police  Jury,  Parish 
School  Board,  or  State  Board  any  special  services  in  any  matter 
and  when  deemed  necessary  in  the  case  of  a  State  Board  or  Com- 
mission to  assume  full  charge  and  control  of  all  legal  proceedings 
relating  to  such  matter. 


58 

ACT  NO.  151  OF    1912. 

Section  1.  Act  No.  168  of  the  Acts  of  the  General  Assem- 
bly of  the  State  of  Louisiana  for  the  year  1894,  be  amended  and 
re-enacted  so  as  to  read  as  follows: 

That  whenever  a  sixteenth  section  donated  to  the  State  of 
Louisiana  by  an  act  of  Congress  for  school  purposes  is  located 
in  a  township  not  habitable  by  reason  of  said  township  being 
swamp  or  sea  marsh,  the  Board  of  School  Directors  may,  upon  the 
petition  of  the  land  owners  owning  in  area  more  than  one-half 
of  the  land  in  the  township,  order  the  sale  of  such  sixteenth 
section  by  resolution  or  motion  passed  by  a  majority  of  the  mem- 
bers of  such  board  present  and  voting. 

Section  2.  When  a  sale  of  a  sixteenth  section  is  ordered 
as  authorized  in  the  first  section  of  this  act,  the  same  shall  be 
made  by  the  Parish  Treasurer  of  the  Parish  in  which  the  six- 
teenth section  is  located,  in  person  or  by  the  sheriff  or  any  auc- 
tioneer of  the  parish,  designated  by  him.  Said  sale,  however, 
shall  be  made  only  after  the  same  has  been  advertised  for 
thirty  days  in  a  nwspaper  published  in  the  parish  where  the 
property  is  located ;  and  where  no  newspaper  is  published  in  the 
parish,  then,  by  posting  a  written  or  printed  notice  for  thirty 
days  at  or  near  the  front  door  of  the  courthouse  in  the  parish 
where  the  property  is  situated  and  at  two  other  public  places  in 
such  parish.  On  the  day  named  in  the  advertisement,  the  said 
section  shall  be  sold  as  a  whole  or  in  lots  of  not  less  than  forty 
acres,  at  the  principal  front  door  of  the  courthouse  of  the  parish 
in  which  the  property  is  situated,  between  the  hours  of  Eleven 
O'Clock  A.  M.  and  Four  0 'Clock  P.  M.,  with  appraisement,  to 
the  last  and  highest  bidder  and  without  a  prior  survey  of  the 
property  and  upon  the  following  terms  and  conditions:  One- 
tenth  (1-10)  or  more  in  cash  at  the  option  of  the  purchaser, 
and  the  remainder,  if  any,  in  nine  (9)  equal  annual  install- 
ments, bearing  eight  (8  per  cent)  per  cent  interest  per  annum 
from  date  interest  payable  annually  and  the  deeds  shall  con- 
tain the  usual  security  clauses  and  a  stipulation  to  pay  ten  (10) 
per  cent  attorney's  fees  in  the  event  the  services  of  an  attorney 
are  secured  for  the  purpose  of  collecting  same. 

Section  3.  That  the  deed  of  the  Parish  Treasurer  shall  be 
full  and  complete  evidence  of  the  sale  and  shall  convey  a  good 


59 

and  valid  title  to  the  property  sold  and  have  all  the  force  and 
effect  of  a  notarial  act;  and  all  moneys  or  notes  received  under 
and  by  virtue  of  such  sale  shall  be  disposed  of  by  him  in  tho> 
manner  now  required  by  law. 

ACT  NO.  42   OF    1912. 

Section  1.  That  Section  1  of  the  Act  109,  of  1906,  approved 
July  7,  1906,  be  amended  and  re-enacted  so  as  to  read  as  follows : 

That  there  is  now  and  shall  hereafter  be  levied,  solely  for  the 
support  of  the  public  schools,  on  all  inheritances,  legacies  and 
other  donations  mortis  causa  to  or  in  favor  of  the  direct  de- 
scendants or  ascendants  or  surviving  wife  or  husband  of  the 
decedent,  a  tax  of  two  per  centum,  and  on  all  such  inheritances 
or  dispositions  to  or  in  favor  of  the  collateral  relatives  of  the 
deceased,  or  strangers,  a  tax  of  five  per  eentum  on  the  amount 
or  the  actual  cash  value  thereof  at  the  time  of  the  death  of  the 
decedent. 

Sction  2.  That  Section  2  of  said  Act  109  of  1906,  approved 
July  7,  1906,  be  amended  and  re-enacted  so  as  to  read  as  follows : 

The  said  tax  shall  not  be  imposed  in  the  following  cases : 

(a)  On  any  inheritance,  legacy,  or  other  donation  mortis 
causa  to  or  in  favor  of  any  ascendant  or  descendant  or  sur- 
viving wife  or  husband  of  the  decedent  below  ten  thousand  dol- 
lars in  amount  or  value. 

(b)  On  any  legacy  or  other  donation  mortis  causa  to  or  in 
favor  of  any  educational,  religious  or  charitable  institutions. 

(c)  When  the   property  inherited,  bequeathed  or  donated 
shall  have  borne  its  just  proportion  of  taxes  prior  to  the  time  of 
such  donation,  bequest  or  inheritance. 

ACT  NO.  73  OF  1912. 

Section  1.  There  shall  be  collected  and  preserved,  all  mus- 
ter rolls,  records,  and  other  facts  and  materials  showing  the 
officers  and  enlisted  men  of  the  several  companies,  battalions, 
regiments  and  other  organizations  from  Louisiana  in  the  Mili- 
tary, Marine  or  Naval  Service  of  the  Confederate  States  of 
America,  and  the  name  of  all  Louisianians  of  whatever  rank 
in  the  military,  marine  or  naval  service  of  the  Confederate  States, 
whether  regulars,  volunteers,  conscripts,  militia,  reserves,  home 
guards  or  local  troops. 


60 

Section  2.  Tl«e  Governor  be  and  is  hereby  authorized  and  in- 
structed to  appoint  a  Confederate  Veteran  from  a  list  of  names 
to  be  submitted  by  the  Louisiana  Division  of  the  United  Confed- 
erate Veterans  through  the  Commander  thereof,  to  be  known  ab 
the  Commissioner  of  Louisiana  Military  Records,  whose  duty  it 
shall  be  forthwith  to  collect  and  preserve  such  muster  rolls, 
records,  facts  and  other  materials  as  herein  prescribed,  and  to 
perform  such  other  duties  as  may  be  imposed  upon  him  by  law. 
He  shall  by  advertisement,  visitation,  correspondence,  search  and 
by  every  other  means  at  his  cpmmand,  seek  to  obtain  the  muster 
rolls,  records  or  other  materials  above  referred  to,  and  shall  re- 
ceive them  either  by  gift  or  loan  to  the  State.  He  shall  compile 
and  properly  index  the  same  in  a  manner  that  will  enable  any 
one  to  readily  and  plainly  and  without  difficulty,  find  the  name, 
command  and  military  record  of  men  who  served  from  the  State 
of  Louisiana  in  the  Confederate  Army  using  a  card  or  other  index 
system  as  may  be  most  available  and  convenient,  and  is  author- 
ized to  secure  the  publication  of  as  many  copies  in  book  form  as 
may  be  necessary.  The  publication  when  completed  shall  be 
under  the  control  of  the  Governor,  who  in  his  discretion  shall 
direct  said  Commissioner  to  furnish  a  copy  free  of  cost,  to  each 
of  the  colleges,  seminaries,  schools  and  public  libraries,  universi- 
ties and  colleges  of  other  Southern  States  and  to  exchange  the 
same  for  similar  publications  from  any  other  States,  and  to  sell 
copies  to  the  public  at  a  price  not  less  than  the  cost  of  publication. 

Section  3.  Said  Commissioner  shall  prepare  a  short  history, 
showing  the  organization  of  every  company,  battalion,  regiment 
or  other  organization  that  was  in  the  military,  marine  or  naval 
service  of  Louisiana,  or  was  contributed  by  Louisiana  to  the 
military,  marine  or  naval  service  of  the  Confederate  States, 
whether  regulars,  volunteers,  conscripts,  home  guards  or  local 
troops,  militia  or  reserves,  and  stating  as  far  as  practicable  the 
service  rendered  and  the  battles,  combats  or  skirmishes  in  which 
they  were  engaged. 

That  he  shall  also,  as  far  as  practicable,  collect  pictures,  por- 
traits and  photographs  of  the  officers  and  soldiers  who  served  in 
the  Civil  War,  and  of  the  battles  which  occurred  during  said 
war,  as  well  as  of  military  scenes  and  points  of  interest  in  con- 
nection therewith. 


61 

That  he  shall  ascertain  and  report  what  parishes,  cities  or 
towns  have  caused  the  rolls  of  the  organizations  contributed  by 
Louisiana,  to  be  put  on  record,  and  where  this  has  not  been  done, 
shall  encourage  its  accomplishment;  and 

That  he  shall  take  a  list  and  report  of  all  battles,  combats 
and  actions  which  took  place  in  Louisiana  during  the  Civil  War, 
and  shall  mark  and  annotate  upon  a  map  of  Louisiana,  so  as  to 
show  the  parishes  in  which  they  fought. 

Section  4.  Said  Commissioner  of  Louisiana  Military  Records 
shall  commence  his  duties  immediately  upon  his  appointment, 
that  he  shall,  hold  office  until  his  successor  is  appointed  and  qual- 
ified; and  that  he  shall  report  semi-annually  to  the  Governor, 
showing  the  progress  made  by  him. 

That  the  Governor  shall  have  the  power  to  remove  said  Com- 
missioner for  any  just  and  reasonable  cause,  and  to  appoint 
another  in  his  stead  at  any  time,  such  new  appointment  to  be 
on  the  recommendation  as  above  provided  for  in  Section  2  of 
this  Act, 

That  upon  the  assembling  of  the  General  Assembly  to  be 
elected  in  April,  1916,  the  office  of  the  Commissioner  of  Louisi- 
ana Military  Records  shall  cease  and  this  Act  cease  to  be  in  force, 
unless  otherwise  provided  by  the  General  Assembly. 

Section  5.  The  said  Commissioner  of  Louisiana  Military 
Records  is  hereby  authorized  to  employ  an  assistant  as  Chief 
Clerk  and  such  additional  clerical  assistance  as  he  may  need  and 
can  be  paid  for  out  of  the  appropriation  of  this  Act. 

Section  6.  The  sum  of  $3,500.00  be  and  is  hereby  appropri- 
ated out  of  any  general  fund  money  in  the  State  Treasury  not 
otherwise  appropriated,  for  immediate  use  in  paying  expenses 
of  copying  official  military  rolls  in  the  war  department,  Wash- 
ington, D.  C. 

That  the  sum  of  $3,500.00  payable  out  of  the  general  fund 
of  1912  and  $3,500.00  payable  out  of  the  general  fund  of  1913 
for  the  annual  salary  of  the  Commissioner  of  Louisiana  Military 
Records  and  the  further  sum  of  $3,000.00  payable  out  of  the 
general  fund  of  1912,  and  $3,000.00  payable  out  of  the  general 
fund  of  1913  for  clerical  assistance,  rent,  traveling  expenses, 
stationery,  and  other  office  expenses,  be  and  the  same  is  hereby 


62 

appropriated.  That  the  appropriation  herein  made  shall  be 
payable  on  the  warrant  of  the  Commissioner  of  Louisiana  Mili- 
tary Records. 

ACT  NO.  123  OF    1912. 

Section  1.  That  the  Register  of  the  State  Land  Office  be  and 
is  hereby  authorized,  when  it  is  made  to  appear  from  the  records 
of  his  office  and  such  other  evidence  as  he  may  require,  that  a 
township  has  not  received  from  the  State  the  school  indemnity 
lands,  to  which  it  is  entitled,  to  issue  a  warrant  in  the  name  of 
the  President  of  the  School  Board  of  the  Parish  in  which  the 
said  township  is  located  for  the  number  of  acres  due  the  said 
township. 

Section  2.  The  warrants  issued  under  Section  One  of  the 
provisions  of  this  act  shall  be  assignable  by  the  School  Board  for 
not  less  than  $5.00  per  acre,  and  that  the  said  warrants  shall 
be  locatable  upon  any  vacant  State  lands  subject  to  entry. 

Section  3.  On  the  location  of  the  warrants  authorized  by 
this  Act  a  patent  shall  issue,  as  required  by  existing  law,  in  the 
name  of  the  locator  for  the  amount  of  land  specified  in  such 
warrant. 

ACT  NO.  232  OF  1912. 

Section  1.  That  Section  1  of  Act  222  of  the  General  Assem- 
bly of  the  State  of  Louisiana  of  the  year  1910  be  amended  and 
re-enacted  so  as  to  read  as  follows: 

Section  1.  From  and  after  October  1,  1910,  every  parent, 
guardian  or  other  person,  residing  within  the  boundaries  of  the 
Parish  of  Orleans,  having  control  or  charge  of  any  child  or  chil- 
dren between  the  ages  of  eight  (8)  and  fourteen  (14)  years, 
inclusive,  shall  send  such  child  or  children  to  a  public,  private, 
denominational,  or  parochial  day  school  each  school  year,  during 
the  time  in  which  the  public  schools  of  the  Parish  of  Orleans 
shall  be  in  session,  under  such  penalty  for  non-compliance  here- 
with as  is  hereinafter  provided.  Said  child  or  children  may  be 
excused  from  such  attendance  by  the  Attendance  or  Truant 
Officers  of  the  Parish,  upon  the  presentation  of  satisfactory  evi- 
dence that  the  bodily  or  mental  condition  of  the  child  or  children 
is  such  as  to  prevent  or  render  inadvisable  attendance  at  school 
or  application  to  study ;  or  that  such  child  or  children  are  being 


63 

instructed  at  home  in  the  common  school  branches,  or  that  the 
child  or  children  have  completed  the  prescribed  elementary  school 
course  of  study,  or  if  the  public  school  facilities  within  twenty 
city  blocks  of  the  home  of  the  child  or  children  are  not  adequate 
to  accommodate  such  child  or  children,  provided,  that  no  excuse, 
from  attendance  shall  be  valid  for  more  than  three  months  except 
where  the  child  has  completed  the  elementary  course,  or  if  the 
public  school  facilities  within  twenty  city  blocks  of  the  home  of 
the  child  or  children  are  not  adequate  to  accommodate  such  child 
or  children.  Every  parent,  guardian,  or  person  in  the  Parish  of 
Orleans  having  charge  or  control  of  a  child  between  the  ages  of 
14  and  16  years  who  is  not  regularly  and  lawfully  engaged  for 
at  least  six  hours  each  day  in  some  useful  employment  or  service, 
shall  cause  said  child  to  attend  regularly  some  day  school  accord- 
ing to  the  provisions  of  this  section. 

ACT  NO.  14  OF  1912. 

Section  1.  The  Ursuline  Nuns,  a  religious  institution  for  the 
education  of  young  ladies,  situated  in  the  Parish  of  Orleans,  and 
duly  recognized  as  a  body  corporate,  and  entitled  to  the  enjoy- 
ment and  exercise  of  all  the  rights,  duties  and  privileges  apper- 
taining to  civil  corporations,  by  repeated  acts  of  the  General 
Assembly  of  the  State  of  Louisiana,  shall  have  the  power  and 
is  hereby  authorized  to  graduate  students  and  to  confer  such 
literary  honors  and  degrees  and  to  grant  such  diplomas  as  are 
conferred  and  granted  by  any  colleges,  universities  or  seminaries 
of  learning  in  the  United  States  and  Europe,  to  such  graduates 
of  said  institution,  or  other  persons,  as  may  be  provided  for  under 
such  rules  and  regulations,  and  over  the  signatures  of  such  per- 
son or  persons  as  said  corporation  may  adopt. 

ACT  NO.  136    OF  1912. 

Section  1.  "Loyola  University,"  a  corporation  organized 
under  the  laws  of  this  State  and  domiciled  in  the  City  of  New 
Orleans,  be  and  is  hereby  authorized  and  empowered  to  confer 
upon  its  students,  or  upon  any  person  deemed  by  it  worthy  of 
such  distinction,  degrees  in  the  arts  and  sciences  and  all  the 
learned  professions,  such  as  are  granted  by  other  universities  in 
the  United  States,  and  to  give  diplomas  or  certificates  thereof. 


64 

Provided  that  the  curriculum  or  course  of  study  in  the 
learned  professions  shall  equal  that  maintained  by  other  stand- 
ard universities. 

Section  2.  Said  degrees  and  diplomas  or  certificates  shall 
be  recognized  by  the  courts  and  all  officials  of  this  State,  as 
entitling  the  graduates  receiving  said  degrees  and  holding  said 
diplomas  or  certificates,  to  the  same  rights,  immunities  and  privi- 
leges in  the  State  of  Louisiana  as  the  graduates  of  any  other 
university  or  institution  of  learning  whatsoever. 

ACT  NO.    17    OF    1914. 

Section  1.  A  parish  board  of  school  directors  as  the  gov- 
erning body  shall  have  authority  to  create  at  any  time  school 
districts  composed  of  an  entire  parish,  a  ward,  two  or  more  wards, 
parts  of  two  or  more  wards,  part,  of  an  existing  school  district, 
parts  of  two  or  more  existing  school  districts,  or  any  other 
portion  of  a  parish ;  and  the  parish  board  of  school  directors  shall 
have  exclusive  authority  to  order,  hold  and  conduct  in  any  school 
district  so  created  and  named  or  any  school  district  already  cre- 
ated special  elections  for  the  purpose  of  raising  additional  funds 
in  aid  of  the  public  schools,  or  to  be  authorized  to  issue  school 
bonds  for  the  purpose  of  securing1  funds  to  be  used  in  erecting  and 
equipping  school  buildings,  said  elections  to  be  held  under  the 
provisions  of  the  Constitution  of  the  State  of  Louisiana  and  all 
laws  governing  such  elections. 

ACT  NO.    44   OF    1914. 

Section  1.  Whenever  any  school  land  or  lands,  or  school 
section  or  sections,  are  located  within  the  boundaries  of  any 
game,  fish  or  bird  preserve  or  propagating  ground  or  nesting 
place,  whether  public  or  private,  established  or  designated,  or 
which  may  be  hereafter  established  or  designated  as  such  by  the 
Conservation  Commission,  by  and  with  the  consent  of  the  Parish 
Board  of  School  Directors,  or  under  its  authority,  or  whenever 
any  school  land  or  lands,  or  school  section  or  sections  are  imme- 
diately contiguous'  or  adjoining  any  such  game,  fish  or  bird  pre- 
serve or  propagating  ground  or  nesting  place,  it  shall  be  un- 
lawful for  any  person  to  kill,  snare  or  pursue  with  intent  to  take 
or  kill  by  any  means,  or  to  have  in  possession  any  wild  animal 


(55 

or  bird  from  or  upon  any  such  school  land  or  lands,  or  school 
section  or  sections. 

The  killing  or  pursuing  with  intent  to  kill,  snare  or  take,  or 
the  having  in  possession  of  each  wild  animal  or  bird  on  any  such 
school  land  or  lands,  or  school  section  or  sections,  shall  constitute 
a  separate  offense. 

This  section  shall  not  prohibit  the  Conservation  Commission 
from  killing  or  having  killed,  any  wolves,  wildcats  or  other  ob- 
noxious animals  on  any  such  school  land  or  lands,  or  school  sec- 
tion or  sections,  or  from  having  caught  or  ensnared  any  wild 
animals  or  birds  on  such  school  land  or  lands,  or  school  section 
or  sections,  for  the  purpose  of  propagation,  re-stocking,  educa- 
tional purposes  or  scientific  investigation. 

Section  2.  A  person  who  violates  any  provision  of  this  Act 
shall  be  guilty  of  a  misdemeanor,  and  shall  be  subject  to  a  fine  of 
not  less  than  Five  and  00/100  ($5.00)  Dollars,  nor  more  than 
One  Hundred  and  00/100  ($100.00)  Dollars,  with  costs  of  suit, 
for  each  offense  or  trespass,  to  be  imposed  by  any  Court  of  com- 
petent jurisdiction. 

ACT  NO.  55  OF  1914. 

Section  1.  The  Boards  of  School  Directors  of  the  Parishes,  of 
the  State,  and  Mayors  and  Boards  of  Aldermen  or  Councils  or 
Commissioners  of  the  Cities,  towns  and  villages  of  the  State  are 
hereby  authorized  and  empowered  to  appropriate,  from  time  to 
time,  sums  of  money,  not  exceeding  one-third  of  the  fines  and 
forfeitures  derived  from  unlawful  sale  or  keeping  for  sale  of 
intoxicating  liquors,  which  are  collected  and  paid  over  to  them 
respectively,  during  the  calendar  year  immediately  preceding 
that  in  which  the  appropriation  is  made,  for  the  purpose  of  pro- 
curing evidence  of  the  violations  of  the  statutes  or  ordinances,  as 
the  case  may  be,  against  the  unlawful  sale  or  keeping  for  sale  of 
intoxicating  liquors. 

Section  2.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

ACT   NO.  91    OF  1914. 

Section  1.  Parents  having  minor  children  between  the  age 
of  eight  and  fourteen  years  and  tutors  and  guardians,  or  other 
persons  having  the  care  of  the  person  of  minors  between  the  age 

/^£v~K\~^^ 
/  Olr 

(UNIVERSITY  ) 


06 

of  eight  and  fourteen  years,  in  cities  of  over  twenty-five  thousand 
inhabitants,  the  Parish  of  Orleans  excepted,  are  required  to  send 
such  minors  to  the  public  schools,  or  other  schools  continuously 
for  at  least  four  months  each  year,  provided,  that  separate  public 
schools  for  the  races  are  opened  to  receive  such  minors  for  that 
time  in  each  year,  otherwise  it  shall  be  sufficient  that  said  minors 
attend  school  as  long  as  the  public  school  term,  and  provided, 
further,  that  the  provisions  of  this  act  shall  not  apply  to  minors 
physically,  or  mentally  unable  or  unfit  to  attend  school,  or  where 
a  minor  is  the  sole  dependence  of  infirm  persons  or  a  mother  or 
sisters  in  necessitous  circumstances,  the  same  to  appear  from  a 
certificate  signed  by  the  superintendent  of  public  schools  of  the 
place  where  such  minor  resides. 

Section  2.  Any  parent,  tutor  or  guardian  or  other  person 
having  the  control  of  the  person  of  such  minors,  in  such  cities 
of  over  twenty-five  thousand  inhabitants,  violating  section  one, 
of  this  act  shall  be  deemed  guilty  of  a  misdemeanor  and  on  con- 
viction thereof  shall  be  fined  in  a  sum  of  not  less  than  Ten  Dol- 
lars, nor  more  than  One  Hundred  Dollars,  and  in  default  of  pay- 
ment of  which  shall  be  imprisoned  not  less  than  ten  or  more  than 
sixty  days,  and  in  the  case  of  tutors  or  guardians,  such  violation 
shall  be  deemed  sufficient  cause  for  their  removal. 

ACT  NO.  131  OF    1914. 

Section  1.  The  Parish  Board  of  School  Directors  of  any 
parish  shall  have  authority  to  call  a  special  election  for  the 
purpose  of  submitting  to  the  qualified  electors  who  are  authorized 
to  vote  under  the  Constitution  and  laws  of  the  State  of  Louisi- 
ana a  proposition  to  provide  for  the  compulsory  attendance  of 
children  in  elementary  and  high  schools.  The  territory  in  which 
such  elections  may  be  held  may  be  an  entire  parish,  a  ward,  two 
or  more  wards,  or  a  school  district  comprising  any  portion  of  a 
parish. 

Section  2.  In  the  resolution  calling  the  election  the 
following  facts  shall  be  enumerated:  (a)  The  date  of 
the  election;  (b)  the  parish  or  portion  of  the  parish 
in  which  the  election  is  to  be  held;  (c)  an  enumeration 
of  the  voting  places;  (d)  the  number  of  days  in  each  school 
session  that  children  shall  be  required  to  attend  school;  (e)  the 


67 

minimum  and  maximum  age  limits  of  children  to  be  affected; 
(f)  the  penalty  for  the  violation  of  the  compulsory  attendance 
law;  (g)  the  date  which  the  board  will  meet  in  open  session  to  ex- 
amine and  canvass  the  result  of  the  election.  A  proclamation, 
signed  by  the  president  of  the  Board  of  School  Directors  and  the 
parish  superintendent,  shall  set  forth  substantially  all  of  the  facts 
contained  in  the  resolution  calling  the  election  and  shall  be  pub- 
lished in  four  issues  of  a  newspaper,  in  four  different  and  con- 
secutive weeks,  published  in  the  parish,  and  if  there  is  no  news- 
paper published  in  the  parish,  the  proclamation  shall  be  posted 
in  three  public  places  in  the  parish.  Thirty  full  days  shall 
elapse  between  the  first  publication  or  posting  of  the  proclama- 
tion and  the  election. 

Section  3.  All  persons  qualified  under  the  Constitution 
and  election  laws  of  this  State  to  vote  shall  be  entitled  to  vote  at 
such  elections,  and  it  shall  be  the  duty  of  the  registrar  of  voters 
to  furnish  the  commissioners  appointed  to  hold  such  elections 
with  the  lists  of  persons  entitled  to  vote. 

Section  4.  The  Parish  Board  of  School  Directors  shall  ap- 
point for  each  polling  place  three  commissioners  and  one  clerk  of 
election,  all  of  whom  shall  be  registered  voters,  designate  the  poll- 
ing places,  provide  the  ballot  boxes,  ballots,  the  necessary  blanks 
for  tally  sheets,  lists  of  voters,  and  fix  the  compensation  of  such 
election  officers.  All  expenses  of  such  elections  shall  be  paid  by 
the  Parish  Board  of  School  Directors. 

Section  5.  Whenever  the  vote  of  any  elector  shall  be  chal- 
lenged, the  commissioners  of  election  shall  receive  in  writing  the 
grounds  of  challenge  signed  by  the  person  or  persons  challenging 
such  vote,  with  the  challenged  voter's  statement  of  his  asserted 
ri?ht  to  vote,  and  attach  such  challenge  and  statement  to  his 
ballot. 

Section  6.  The  ballots  to  be  used  in  such  election  shall  be 
in  the  following  form: 


For   Compulsory   School    Attendance   in 
(NWe.    Parish.   Ward.   Wards,   or   School    District^ 


Against   Compulsory   School   Attendance   in 
(Name,   Parish,   Ward,   Wards,   or   School    District) 


68 

Section  7.  Whenever  any  commissioner  or  clerk  of  elec- 
tion, appointed  as  provided  in  Sec.  4  of  this  Act,  shall  be  unable, 
fail,  or  neglect  to  attend  or  serve  at  the  polling  place  designated 
at  the  hour  fixed  for  the  opening  of  the  polls,  or  within  one  hour 
thereafter,  the  commissioner  or  commissioners  present  shall  ap- 
point, or  in  the  absence  of  all  the  commissioners,  the  voters  pres- 
ent shall  appoint  the  necessary  number  of  commissioners  and 
clerks,  who  shall  have  the  same  compensation  and  duties  as  other 
commissioners  and  clerks,  to  serve  in  the  place  and  stead  of  such 
absent  or  delinquent  appointees. 

Section  8.  The  commissioners  and  clerks  of  such  elections, 
before  opening  the  polls,  shall  be  sworn  to  perform  all  the  duties 
incumbent  upon  them  as  such,  the  oath  to  be  taken  before  any  of- 
ficer authorized  to  administer  oaths,  or  by  the  clerk  of  each  com- 
missioner before  any  other  commissioner,  such  commissioners  of 
election  being  authorized  to  administer  any  oath  and  to  receive 
any  affidavit  provided  for  in  this  Act. 

Section  9.  The  commissioners  of  election  shall  receive  the  bal- 
lot of  each  voter,  check  his  name  on  the  list  of  voters  furnished 
by  the  registrar  as  having  voted,  enter  and  number  his  name  on 
the  list  of  voters  voting,  and  the  voter  shall  then  immediately  de- 
posit his  ballot  in  the  ballot  box. 

Section  10.  The  polls  of  election,  ordered  and  held  under  the 
provisions  of  this  Act,  shall,  on  the  day  appointed  for  any  such 
election,  open  at  seven  o'clock  A.  M.  and  remain  open  until  and 
not  later  than  five  o'clock  P.  M.  provided  that  no  election  shall 
be  vitiated  by  a  failure  of  the  commissioners  to  open  the  polls  at 
the  time  prescribed  or  by  the  closing  of  the  same  before  the  time 
prescribed,  unless  on  a  contest  it  be  proven  that  voters  were 
thereby  deprived  of  their  votes  sufficient  in  number  to  have 
changed  the  election. 

Section  11.  Immediately  after  the  closing  of  the  polls  the 
commissioners  shall,  in  the  presence  of  the  bystanders  proceed  to 
open  the  ballot  boxes,  count  the  ballots  and  check  same  with  the 
list  of  voters  kept,  prepare  duplicate  tally  sheets  showing  the 
votes  in  number  in  favor  of  and  against  the  proposition  submit- 
ted, make  in  duplicate  compiled  statements  of  the  vote  in  number 
both  in  favor  of  and  against  the  proposition ;  and  after  swearing 


69 

to  the  correctness  of  the  numbered  list  of  voters,  the  duplicate 
tally  sheets  and  duplicate  compiled  statements,  they  shall  deposit 
the  ballots,  the  registrar's  list  of  voters,  the  numbered  list  of  per- 
sons voting,  one  duplicate  tally  sheet  and  one  duplicate  compiled 
statement,  in  the  ballot  box,  immediately  seal  up  said  ballot  box, 
and  within  forty-eight  hours  after  the  closing  of  the  polls  deliver 
the  said  sealed  ballot  box  with  its  contents  to  the  Parish  Board  of 
School  Directors,  and  shall  within  the  same  delay  deliver  the 
other  duplicate  tally  sheet  and  the  other  duplicate  compiled  state- 
ment to  the  Clerk  of  the  District  Court  of  the  Parish  in  which 
such  election  has  been  held,  who  shall  file  the  same  in  his  office. 
Section  12.  On  the  day  and  at  the  hour  and  place  named 
in  the  notice  ordering  the  election  the  Parish  Board  of  School  Di- 
rectors, shall,  in  public  session,  proceed  to  open  the  ballot  boxes, 
examine  the  ballots  and  count  same,  examine  and  canvass  the  re- 
turns and  declare  the  result  of  such  election,  which  result  the 
Board  shall  promulgate  by  publication  in  a  newspaper  in  the  par- 
ish, or  by  posting  if  no  newspaper  is  published  in  the  parish. 

Section  13.  The  Parish  Board  of  School  Directors  shall 
keep  a  proces  verbal  of  the  manner  in  which  the  ballot  boxes  have 
been  opened,  the  returns  canvassed,  and  the  results  of  the  election 
ascertained,  and  shall  forward  a  copy  of  the  proces  verbal  to  the 
Secretary  of  State,  who  shall  record  the  same,  another  copy  to  the 
Clerk  of  the  District  Court,  who  shall  also  record  same  in  the 
mortgage  records  of  the  parish,  and  a  third  copy  shall  be  retained 
in  the  archives  of  the  office  of  the  Parish  Board  of  School  Di- 
rectors. 

Section  14.  For  a  period  of  thirty  days  from  the  date 
of  the  promulgation  of  the  result  of  any  such  election  any  person 
in  interest  shall  have  the  right  to  contest  the  legality  of  such  elec- 
tion for  any  cause.  But  after  such  time  no  one  shall  have  any 
cause  of  action  to  contest  the  regularity,  formality,  or  legality 
of  said  election  for  any  cause  whatever. 

Section  15.  If  a  majority  of  the  voters  voting  shall  cast 
their  ballots  in  favor  of  compulsory  school  attendance,  it  shall  be 
the  duty  of  the  Parish  Board  of  School  Directors  to  prepare  the 
necessary  rules  and  regulations  to  carry  into  effect  the  will  of  the 
voters  and  to  take  charge  of  the  proper  enforcement  of  the  same. 


70 

Section  16.  The  provisions  for  compulsory  school  attend- 
ance shall  remain  in  force  until  annulled  by  vote  of  the  elect- 
ors; provided  that  when  the  voters  shall  have  declared  in  favor 
of  compulsory  school  attendance  no  election  on  the  same  propo- 
sition shall  be  held  in  the  same  parish,  ward,  wards  or  school 
district  until  after  the  expiration  of  one  year  from  the  date  of 
the  election  at  which  compulsory  school  attendance  was  adopted ; 
and  provided  further  that  elections  held  for  the  purpose  of  giving 
the  voters  an  opportunity  to  annul  a  provision  in  favor  of  com- 
pulsory school  attendance  shall  be  at  least  one  year  apart.  The 
parish  board  of  school  directors  shall  be  required  to  call  an  elec- 
tion for  the  purposes  set  forth  in  this  section  when  so  petitioned 
by  one-fourth  of  the  qualified  electors  residing  in  the  parish, 
ward,  wards  or  school  district  affected. 

'Section  17.  In  the  case  of  an  election  to  annul,  the  Parish 
Board  of  School  Directors  shall  proceed  to  hold  an  election  in 
obedience  to  the  provisions  of  this  act  the  same  as  if  an  election 
had  never  been  held  on  the  subject  of  compulsory  school  at- 
tendance. 

Section  18.  Any  regulations  adopted  by  the  voters  and 
the  Parish  Board  of  School  Directors  on  the  subject  of  com- 
pulsory school  attendance  shall  apply  to  patronage  in  private 
schools  the  same  as  in  public  schools,  and  the  Parish  Board  of 
School  Directors  shall  have  the  same  authority  over  questions 
of  attendance  in  private  schools  that  it  has  in  public  schools; 
and  all  rules  and  regulations  adopted  by  the  Parish  Board  of 
School  Directors  on  the  subject  of  the  compulsory  attendance  of 
children  in  school  shall  be  submitted  to  the  State  Board  of  Edu- 
cation for  approval,  and  until  approved  by  the  State  Board  of 
Education  they  shall  be  without  effect. 

ACT  NO.  144  OF    1914. 

Section  1.  The  Louisiana  Historical  Society  be  authorized 
to  adopt  a  prorgam  of  ceremonies  fitting  the  dignity  of  the  State 
and  the  importance  of  the  event  for  a  proper  celebration  on 
January  8th,  1915,  of  the  One  Hundredth  Anniversary  of  the 
Battle  of  New  Orleans  and  of  the  One  Hundred  Years  Peace 
which  began  with  the  end  of  that  battle ;  that  the  program  pre- 
pared by  the  said  society  be  submitted  in  due  course  to  the  Gov- 


71 

ernor  for  his  approval,  and  that  the  arrangements  for  and  the 
charge  of  the  celebration  be  confided  to  said  society. 

Section  2.  The  Senators  and  Representatives  in  Congress 
from  this  State  be  requested  to  take  the  proper  steps  to  secure 
the  co-operation  of,  and  an  appropriation  by,  the  United  States 
Government,  so  that,  by  national  participation  in  said  celebration 
it  shall  be  made  worthy  of  the  occasion;  that  the  Governor  do 
invite  the  Governors  of  all  the  States  and  Territories  of  the 
United  States  to  attend  said  celebration  and  to  send  other  repre- 
sentatives to  participate  therein,  and  that  invitations,  through 
their  ambassadors  and  ministers  at  Washington,  be  extended  to 
all  the  governments  of  the  world,  including  especially  France, 
Germany,  Great  Britain,  Spain,  Canada  and  the  twenty  other 
American  Republics,  to  take  part  in  the  celebration  and  espe- 
cially to  be  represented  therein  by  their  navies. 

Section  3.  Said  celebration  shall  take  place  in  the  City 
of  New  Orleans  and  may  be  continued  for  more  than  one  day, 
and  said  society  shall  extend  invitations  to  the  proper  officials 
of  each  parish  and  of  each  incorporated  city  and  town  of  the 
State  to  be  present  and  participate  in  the  exercises. 

Section  4.  To  assist  in  defraying  the  expenses  of  said  cele- 
bration, the  sum  of  five  thousand  dollars  be,  and  the  same  is 
hereby,  appropriated  out  of  any  funds  in  the  State  Treasury  not 
otherwise  appropriated,  to  be  paid  to  the  said  society  upon  the 
warrant  of  its  president,  approved  by  the  Governor. 

ACT  NO.  147  OF    1914. 

Section  1.  The  Academy  of  the  Sacred  Heart  of  Louisiana,  a 
religious  institution  for  the  education  of  young  ladies,  domiciled 
in  the  Parish  of  Orleans,  maintaining  institutions  of  learning  in 
the  Parish  of  St.  James  and  in  the  Parish  of  St.  Landry,  duly  rec- 
ognized as  a  body  corporate  under  the  laws  of  the  State  of  Louisi- 
ana, and  entitled  to  the  enjoyment  and  exercise  of  all  rights, 
duties  and  advantages  pertaining  or  granted  to  civil  corporations 
by  repeated  acts  of  the  General  Assembly,  shall  have  the  power 
and  is  hereby  authorized  to  graduate  students  and  confer  such 
degrees  and  literary  honors  and  grant  such  diplomas  as  are  con- 
ferred and  granted  by  any  colleges,  universities  or  seminaries  of 
learning  in  the  United  States  or  Europe,  to  such  graduates  of 


72 

such  institutions,  or  other  persons,  as  may  be  provided  for  under 
such  rules  and  regulations,  and  over  the  signatures  of  such  per- 
sons as  the  corporation  may  adopt,  provided  that  the  curriculum 
or  course  of  study  in  the  learned  professions  shall  equal  that 
maintained  by  other  standard  universities. 

ACT  NO.  248  OF    1914. 

Section  1.  The  State  Board  of  Education  shall  have  author- 
ity to  employ  such  high  school  inspectors,  rural  school  inspectors, 
or  other  school  inspectors  as  may  be  needed  to  keep  the  Board 
in  proper  touch  with  the  educational  system  of  the  State  and  to 
aid  the  parish  superintendents  and  other  school  officials  of  the 
parishes  in  improving  in  every  way  possible  the  public  schools 
of  the  various  parishes.  Provided  that  not  more  than  three  in- 
spectors shall  be  appointed  under  authority  of  this  Act. 

ACT  NO.  279  OF  1914. 

To  amend  and  re-enact  Section  59  of  Act  214  of  1902. 
That  diplomas  conferred  by  the  Peabody  Normal  School,  lo- 
cated at  Nashville,  Tennessee,  upon  graduates  of  that  insti- 
tution, as  also  diplomas  conferred  by  the  State  Normal  School, 
at  Natchitoches,  La.,  as  also  diplomas  conferred  upon  grad- 
uates of  the  City  Normal  School  of  New  Orleans,  La.,  as  also 
diplomas  conferred  upon  the  graduates  of  the  department  of 
philosophy  and  Education  of  the  Louisiana  State  University 
and  Agricultural  and  Mechanical  College,  as  also  diplomas  con- 
ferred upon  the  graduates  of  the  Teachers'  College  of  Tulane 
University,  as  also  diplomas  conferred  upon  graduates  complet- 
ing the  course  in  the  Teachers  Training  Department  of  all  schools 
or  institutions  of  learning  now  authorized  by  special  Acts  of 
the  General  Assembly  to  confer  diplomas  under  the  laws  of  this 
State,  that  will  establish  a  Teachers  Training  Department  fol- 
lowing a  curriculum  to  be  established  by  the  State  Board  of* 
Education,  shall  entitle  the  holders  thereof  to  a  first  grade  cer- 
tificate, valid  in  any  town  or  Parish  in  this  State  for  four  years 
from  the  date  of  graduation,  at  the  expiration  of  which  time 
certificates  awarded  to  the  graduates  of  the  Peabody  Normal 
School  may  be  renewed  by  the  Superintendent  of  Public  Educa- 
tion upon  satisfactory  evidence  of  the  ability,  progress  and 
moral  character  of  applicants  asking  for  such  renewal;  certifi- 


78 

cates  awarded  to  the  graduates  of  the  State  Normal  School  may, 
in  like  manner,  be  renewed  at  the  expiration  of  four  years  by 
the  Board  of  Administrators  of  the  said  Normal  School;  cer- 
itficates  awarded  to  the  graduates  of  the  Department  of  Philoso- 
phy and  Education  of  the  Louisiana  State  University  and  Agri- 
cultural and  Mechanical  College  may,  in  like  manner,  be  re- 
newed at  the  expiration  of  four  years  by  the  Board  of  Admin- 
istrators of  said  institution ;  certificates  awarded  to  graduates  of 
the  City  Normal  School,  of  New  Orleans,  in  like  manner,  may  be 
renewed  at  the  expiration  of  four  years  by  the  Board  of  Direc- 
tors by  whom  they  were  originally  issued ;  and  certificates  award- 
ed to  graduates  of  all  other  institutions  having  complied  with  the 
curriculum  and  having  established  a  Teachers  Training  Depart- 
ment as  provided  in  this  Section,  may  be  renewed  at  the  expira- 
tion of  four  years  by  the  authority  of  said  institution  having 
originally  issued  said  diploma;  and  that  diplomas  conferred  for 
the  full  two  years  course  in  Education  in  the  H.  Sophie  Newcomb 
Memorial  College,  Tulane  University  of  Louisiana,  shall  entitle 
the  holders  thereof  to  a  first  grade  certificate  valid  in  any  town  or 
parish  of  this  state  for  four  years  from  date  of  graduation ;  and 
shall  entitle  the  holder  thereof  to  hold  such  position  in  the  public 
schools  in  Louisiana,  as  shall  be  designated  by  the  State  Board 
of  Education;  said  certificate  shall  be  renewable  upon  satisfac- 
tory service  approved  by  the  State  Superintendent  of  Public 
Education. 

ACT  NO.  306  OF    1914. 

Section  1.  The  Sisters  of  Divine  Providence,  a  religious  in- 
stitution for  the  education  of  young  ladies,  situated  in  the  Parish 
of  Rapides,  and  duly  recognized  as  a  body  corporate,  and  entitled 
to  the  enjoyment  and  exercise  of  all  the  rights,  duties  and  privi- 
leges appertaining  to  civil  corporations,  shall  have  the  power  and 
is  hereby  authorized  to  graduate  students  and  to  confer  such 
literary  honors  and  degrees  and  to  grant  such  diplomas  as  are 
conferred  and  granted  by  any  colleges,  universities  or  seminaries 
of  learning  in  the  United  States,  to  such  graduates  of  Providence 
Academy,  or  other  persons,  as  may  be  provided  for  under  such 
rules  and  regulations,  and  over  the  signatures  of  such  person 
or  persons  as  the  said  corporation  may  adopt. 


74 

(Accepting    ai.c.    Regulating    Donations,   Act    158,   '04.) 

Section  1.  The  Board  of  Education  for  the  State  of  Louisi- 
ana; the  Board  of  Directors  of  the  public  schools  of  each  and 
every  parish  in  the  State,  the  Parish  of  Orleans  included,  shall 
have  the  power  to  accept  and  administer  donations  mortis  causa 
or  inter  vivos  for  any  educational  or  literary  purpose  whatso- 
ever, and  it  shall  be  lawful  for  any  one  to  make  such  a  donation 
of  any  description  of  property,  and  to  any  amount  to  any  one  or 
more  of  such  boards. 

Sec.  2.  The  donor  shall  have  the  right  to  prescribe  the  man- 
ner in  which  the  property  shall  be  administered,  and  the  objects 
to  which  it  or  any  part  thereof,  or  the  revenues  thereof,  shall 
be  applied;  provided,  however,  that  property  donated,  cannot 
be  made  inalienable,  but  the  donor  thereof  shall  have  the  right  to 
prescribe  in  what  manner,  and  under  what  circumstances,  the 
donees  shall  be  empowered  to  sell  the  same,  or  any  portion  there- 
of, or  to  change  any  investments  once  made. 

Sec.  3.  Said  Board  or  Boards  shall  administer  the  property 
entrusted  to  them  in  conformity  with  the  directions  contained 
in  the  act  of  donation,  and  shall  have  all  the  powers  needed  in 
such  administration,  but  can  not  mortgage  nor  encumber  the 
donated  property,  except  as  may  be  prescribed  in  the  act  of  do- 
nation. The  said  Board  or  Boards  shall  be  entitled  to  no  re- 
muneration for  their  services,  unless  expressly  granted  in  the 
act  of  donation. 

Sec.  4.  The  provisions  of  the  laws  of  this  State,  relative 
to  substitutions  fidei  commisa  and  trusts  shall  not  be  deemed  to 
apply  or  affect  donations  made  for  the  purposes  and  in  the 
manner  provided  in  this  act,  and  all  laws  or  parts  of  laws  con- 
flicting with  the  provisions  of  this  act  be,  and  the  same  are 
hereby  repealed  insofar  as  regards  the  purposes  of  this  act,  but 
not  otherwise. 

(Assessor's   Fee  for  Assessing   School   Taxes,  S.  1,  A.  213,  '08.) 

The  tax  assessor  of  each  parish  of  the  State  * 
shall  receive  as  an  annual  compensation  for  his  labors,  services 
and  duties  four  per  cent  (4  per  cent)  of  the  first  fifty  thousand 
dolllars  ($50,000.00)  aggregate  amount  of  all  State,  parish  and 
poll  taxes  assessed,  and  two  per  cent  (2  per  cent)  on  any  excess 


75 

over  fifty  thousand  dollars  ($50,000.00)  ;  provided  that  nothing 
herein  shall  be  so  construed  as  to  allow  assessors  more  than  two 
per  cent  on  special  school  taxes,  and  for  his  services,  duties  or 
labors  in  assessing  or  extending  on  the  rolls  any  and  all  levee 
taxes  the  sum  of  one  hundred  dollars  ($100),  except  where  the 
parish  for  which  the  assessor  is  elected  lies  in  more  than  one 
levee  district,  in  which  case  he  shall  receive  the  sum  of  two  per 
cent  (2  per  cent)  on  the  aggregate  amount  of  such  taxes;  pro- 
vided no  assessor  shall  receive  less  than  four  hundred  dollars 
($400)  in  any  parish  for  each  annual  assessment  of  State,  parish, 
poll  and  all  levee  taxes.  That  the  payment  of  this  compensation 
shall  be  distributed  between  the  State,  parish,  school  boards, 
cities  and  towns  and  other  taxing  district  or  division  in  propor- 
tion to  the  amount  received  by  each. 

(Powers   of  the    District    Board    in    Expropriations,   S.    1492,    R.   S.) 

When  land  shall  be  require'd  for  the  erection  of  a  schoolhouse 
or  for  enlarging  a  schoolhouse  lot,  and  the  owner  refuses  to  sell 
the  same  for  a  reasonable  compensation,  the  District  Board  of 
School  Directors  shall  have  the  power  to  select  and  possess  such 
sites  embracing  space  sufficiently  extensive  to  answer  the  pur- 
pose of  schoolhouse  and  ground. 

(Expropriation  of   Property  for  Public  Schools;     For  Schoolhouse  Sites, 
Act  208  of   1906,   amending    and   re-enacting   Act  227  of  1902.) 

Whenever  the  State  or  any  political  corporation  of  the  same 
created  for  the  purpose  of  exercising  any  portion  of  the  govern- 
mental powers,  in  the  same,  or  the  board  of  administrators  or 
directors  of  any  charity  hospital,  or  any  board  of  school  directors 
thereof,  or  any  corporation  constituted  under  the  laws  of  this 
State  for  the  construction,  of  railroads,  plank  roads,  turnpike 
roads,  or  canals  for  navigation,  or  for  the  construction  or  opera- 
tion of  water  works  or  sewerage  to  supply  the  public  with  water 
and  sewerage,  (or  for  the  piping  and  marketing  of  natural  gas 
for  the  purpose  of  supplying  the  public  with  natural  gas),  or  for 
the  purpose  of  transmitting  intelligence  by  magnetic  telegraph, 
cannot  agree  with  the  owner  of  the  land  which  may  be  wanted  for 
its  purchase,  it  shall  be  lawful  for  such  State  corporation,  board 
of  administrators,  directors  or  persons  to  apply  by  petition  to 
the  district  court,  in  which  the  same  may  be  situated,  or  if  it 


76 

extends  into  two  districts,  to  the  judge  of  the  district  court  in 
which  the  owner  resides,  and  if  the  owner  does  not  reside  in 
either  district,  to  either  of  the  district  courts,  describing  the  land 
necessary  for  the  purposes,  with  a  plan  of  the  same,  and  a  state- 
ment of  the  improvement  thereon,  if  any,  and  the  name  of  the 
owner  thereof,  if  known  at  present  in  the  State,  with  a  prayer 
that  the  land  be  adjudged  to  such  State,  corporation,  board  :>f 
administrators  or  directors  upon  payment  to  the  owner  of  all 
such  damages  as  he  may  sustain  in  consequence  of  the  expropria- 
tion of  said  land  for  such  public  works;  all  claims  for  lands  or 
damages  to  the  owner  caused  by  its  taking  or  expropriation  for 
such  public  work  shall  be  barred  by  two  (2)  years  prescrip- 
tion which  shall  commence  to  run  from  the  date  at  which  the 
land  was  actually  occupied  and  used  for  the  construction  of 
the  works. 

All  the  existing  laws  for  the  forms  and  processes  of  expro- 
priation of  property  shall  be  applicable  to  the  said  act  and  sec- 
tion thus  amended  and  re-enacted. 

^Relative  to  the  Value  of  the  Grounds,  S.  1493,  R.  S.) 

Should  such  landholder  deem  the  sum  assessed  too  small,  he 
shall  have  the  right  to  institute  suit  before  any  proper  judicial 
tribunal  for  his  claim;  but  the  title  shall  pass  from  him  to  the 
school  corporation. 

(Pupils'   Eyes  to  Be  Tested,  A.  292,  '08.) 

Section  1.  The  State  Board  of  Health  and  Superintendent 
of  Education  shall  prepare  or  cause  to  be  prepared,  suitable  test 
cards,  blanks  and  record  books,  and  all  other  necessary  appliances 
to  be  used  in  testing  the  sight  and  hearing  of  pupils  in  the  public 
schools  of  the  State,  together  with  the  necessary  instructions  for 
the  use  of  same;  and  the  Superintendent  of  Education  shall 
furnish  said  test  cards,  record  books,  blanks  and  appliances  to- 
gether with  the  necessary  instructions  for  the  use  to  every  public 
school  in  the  State. 

Sec.  2.  The  Superintendent,  Principal  or  Teacher  in  every 
school,  during  the  month  of  September  or  during  the  first  month 
of  schools,  or  within  thirty  days  after  the  admission  of  any  pu- 
pils entering  the  school  late  in  the  session,  shall  in  each  year, 
test  the  sight  and  hearing  of  each  and  all  pupils  under  his  or 


77 

her  charge,  and  shall  keep  a  record  of  such  examination  ac- 
cording to  the  instructions  furnished,  and  shall  notify  in  writing 
the  parent,  tutor,  tutrix,  or  guardian  of  every  pupil  who  shall 
be  found  to  have  any  defect  of  sight  or  hearing  or  any  disease 
of  eyes  or  ears  of  such  defect;  and  shall  make  a  written  report 
of  all  such  examinations  to  the  State  Superintendent  of  Edu- 
cation. 

ACT  NO.  90  OF   1906. 

Section  1.  That  in  order  to  provide  for  public  education  in  the 
city  of  Lake  Charles,  a  school  board  is  hereby  created  for  said 
city.  Said  board  shall  consist  of  five  members,  who  shall  be  elected 
at  large  by  the  qualified  voters  of  said  city.  Each  member  of  said 
board  shall  be  able  to  read  and  write  the  English  language  and 
shall  be  a  duly  qualified  elector  of  said  municipality.  The  election 
for  the  members  of  said  Board  shall  be  held  under  the  general 
election  laws  of  this  State,  and  the  members  when  elected  shall  be 
commissioned  in  the  same  manner  as  parish  boards  of  school  di- 
rectors. They  shall  hold  their  office  for  terms  of  four  years,  and 
until  their  successors  shall  have  been  duly  elected  and  qualified, 
except  as  hereinafter  provided.  All  vacancies  that  may  occur  in 
said  board,  whether  caused  by  failure  to  qualify,  by  resignation, 
or  by  death,  shall  be  filled  at  an  election  duly  called,  within  thirty 
days  after  said  vacancy  occurred.  Each  member  shall  qualify 
within  thirty  days  after  he  has  been  commissioned,  otherwise  the 
office  to  which  he  is  elected  shall  be  deemed  vacant.  The  elect- 
ors residing  in  the  City  of  Lake  Charles  shall  be  ineligible  to  serve 
as  members  of  the  parish  board  of  directors  of  the  public  schools 
of  Calcasieu  Parish,  Louisiana,  and  to  vote  for  members  of  said 
body.  It  shall  be  the  duty  of  the  election  commissioners  serving 
at  the  polling  places  in  Ward  3  of  Calcasieu  Parish,  Louisiana, 
to  see  that  the  provisions  of  this  section  are  made  effective. 

Section  2.  That  all  elections  for  members  of  said  Board  shall 
be  called  by  the  City  Council,  which  shall  appoint  the  commis- 
sioners of  election  and  designate  the  polling  places.  All  returns 
of  election  shall  be  made  to  this  Council,  which  shall  make  such 
proclamation  and  do  all  other  things  in  regard  thereto  as  is 
required  by  law  of  returning  officers  of  the  parish.  The  first 
election  under  this  Act  shall  be  held  on  the  day  set  apart  by 


78 

law  for  the  congressional  election,  in  the  year  1906,  and  there- 
after every  two  years  on  such  congressional  election  day,  a/fter 
giving  at  least  ten  days  notice  thereof  by  publication,  in  the 
official  journal  of  said  city;  successors  to  those  members  of  the 
Board  whose  terms  expire  in  said  year,  shall  be  elected  in  the 
manner  above  provided.  The  members  so  elected  shall  assume 
the  discharge  of  the  functions  of  their  offices  on  the  first  Tues- 
day after  the  receipt  of  their  commissions.  The  first  Board 
hereunder  shall  be  appointed  by  the  State  Superintendent  of 
Public  Education,  immediately  after  passage  of  this  Act,  and 
the  members  so  appointed  shall  hold  their  offices  until  the  con- 
gressional election  in  the  year  1906,  and  until  their  successors 
shall  have  been  duly  elected  and  qualified.  Immediately  after 
the  first  election  hereunder,  the  members  of  said  Board  so  elected, 
shall  draw  lots  for  terms  of  two  and  four  years,  two  of  said 
terms  to  be  for  two  years  and  three  of  said  terms  to  be  for  four 
years,  and  thereafter  all  members  of  said  Board  shall  be  elected 
for  terms  of  four  years,  and  until  their  successors  shall  have  been 
duly  elected  and  qualified. 

Section  3.  That  said  Board,  at  its  first  meeting,  shall  elect 
from  among  its  members  a  president  who  shall  discharge  all  of 
the  functions  incumbent  upon  presidents  of  parish  school  boards, 
and  who  may  exercise  similar  powers,  except  as  may  be  herein 
provided.  He  shall  receive  no  compensation  for  his  services. 
Said  Board  may  elect  a  superintendent  of  the  city  schools  and 
fix  his  compensation.  He  shall  have  all  of  the  qualifications 
required  by  law  for  parish  superintendents  except  that  he  neei 
not  be  a  qualified  elector,  and  such  additional  qualifications  as 
the  Board  may  prescribe.  Said  Board  may  also  elect  a  secretary, 
and  fix  his  compensation,  which  compensation  shall  not  exceed 
ten  dollars  per  month.  The  treasurer  of  the  city  of  Lake  Charles 
shall  be  ex-officio  treasurer  of  said  School  Board.  Said  Board 
shall  fix  and  approve  his  bond  as  such,  and  when  premiums  are 
required  on  said  bond  said  Board  shall  pay  them,  provided  they 
do  not  exceed  the  usual  premium  for  official  bonds  of  such  nature. 
The  president  and  the  secretary  of  said  Board  shall  be  elected 
for  terms  of  two  years. 

Section  4.  That  said  School  Board  shall  possess  and  may 
exercise  within  the  corporate  limits  of  the  city  of  Lake  Charles, 


79 


all  of  the  powers  conferred,  and  that  may  hereafter  be  conferred 
by  law  upon  parish  school  boards,  and  shall  within  such  ter- 
ritory discharge  all  of  the  duties  incumbent  upon  such  boards 
and  shall  be  governed  by  all  of  the  restrictions  imposed  upon  the 
same. 

Section  5.  That,  all  moneys  appropriated  or  budgeted  by 
the  city  of  Lake  Charles  out  of  the  general  revenues,  and  all 
special  taxes  levied  by  said  city  in  aid  of  the  public  schools  shall 
be  paid  over  as  collected  by  the  tax  collector  of  said  city  to  the 
treasurer  of  said  School  Board,  who  shall  issue  to  the  tax  col- 
lector, on  receipting  such  payment,  duplicate  receipt.  The  tax 
collector  shall  make  monthly  statements  to  the  City  Council  of 
all  such  payments  and  shall  attach  to  each  monthly  statement 
one  of  said  duplicate  receipts. 

Section  6.  That  the  School  Board  of  the  parish  of  Calcasieu 
shall  pay  to  the  School  Board  of  the  city  of  Lake  Charles  its 
pro  rata  of  all  funds  intended  for  the  support  of  the  schools  of 
the  parish  of  Calcasieu,  including  its  pro  rata  of  said  funds  ap- 
portioned to  said  parish,  and  its  pro  rata  of  fines  and  forfeited 
bonds;  provided  that  under  no  circumstances  shall  this  include 
any  moneys  budgeted  by  the  Police  Jury  of  the  parish  of  Cal- 
casieu in  aid  of  the  public  schools  of  said  parish  out  of  the  gen- 
eral revenues  of  said  parish,  nor  any  special  taxes  authorized 
by  the  taxpayers  and  levied  in  aid  of  the  schools  of  said  parish, 
unless  such  special  taxes  are  levied  in  the  territory  contained  in 
said  city  as  part  of  the  territory  authorizing  the  levy  of  said 
special  taxes. 

Section  7.  That  said  School  Board  shall  annually,  before  the 
election  of  teachers  and  employees,  and  not  later  than  the  first 
Tuesday  in  July,  submit  to  the  Council  of  said  city,  for  their 
guidance,  an  itemized  statement  of  the  expenses  necessary  to 
hire  teachers  and  employees  for  the  public  schools  of  the  city 
and  to  maintain  said  schools  for  the  ensuing  scholastic  year,  and 
also  a,  statement  of  the  funds  said  Board  expects  from  other 
sources  for  said  year.  Upon  approving  this  estimate  as  a  basis 
for  making  appropriations  out  of  the  general  revenues,  the 
Council  shall  make  such  provision  as  it  may  deem  proper  in  its 
budget  for  the  ensuing  fiscal  year,  within  constitutional  limita- 
tions for  the  payment  of  the  salaries  of  teachers  and  employees 


80 

to  be  elected  by  said  School  Board,  and  for  the  maintenance  of 
said  schools.  The  said  School  Board  shall  create  no  debts  nor 
obligations  in  excess  of  the  amount  appropriated  or  consented  to 
be  appropriated  by  the  City  Council,  and  in  excess  of  the  funds 
to  be  derived  from  other  sources  for  said  year  as  approved  in 
said  statement,  without  first  having  obtained  the  approval  of  the 
Council  to  such  excess,  nor  until  provisions  is  made  by  the 
Council  for  its  payment. 

Section  8.  That  no  member  of  the  City  Council,  nor  any 
officer  of  the  city  of  Lake  Charles,  shall  be  a  member  of  said 
School  Board. 

Section  9.  The  said  Board  shall  be  required  to  report  to  the 
State  Superintendent  of  Public  Education,  through  its  superin- 
tendent or  president,  the  condition  of  the  schools  of  the  city  of 
Lake  Charles,  in  the  same  manner  as  provided  by  law  for  reports 
of  parish  superintendents,  and  for  neglect  or  failure  so  to  do, 
shall  be  liable  to  the  same  penalties. 

ACT  NO.  116  OF    1910. 

'Section  1.  (Sections  1,  7,  8,  9,  15  and  16  as  amended  by  Act 
263  of  1914.)  In  the  Parish  of  Orleans  there  is  hereby  cre- 
ated a  corporation  to  be  known  as  the  Board  of  Trustees  of  the 
Teachers'  Retirement  Fund  to  be  composed  of  nine  persons  who 
shall  serve  without  compensation  for  their  duties  as  members 
of  said  Board.  The  said  Board  of  Trustees  shall  be  a  body  cor- 
porate in  law  with  power  to  sue  and  be  sued,  to  have,  hold,  re- 
ceive, use  and  sell  or  dispose  of,  under  the  provisions  of  this  Act, 
property,  real,  personal,  and  mixed,  and  to  exercise  all  the  rights, 
powers,  and  privileges  of  a  corporation.  The  said  Board  shall 
also  have  power  to  borrow  money,  issue  notes  or  other  evidences 
of  debt,  and  to  pledge  its  revenue  for  the  year  then  current  from 
whatever  source  received,  for  the  purpose  of  promptly  paying  its 
obligations  or  for  such  other  purposes  as  to  said  Board  may  seem 
right  and  proper.  Legal  process  shall  be  served  on  the  President, 
and,  in  his  absence,  or  inability  to  act,  on  the  Vice-President. 
The  city  Attorney  shall  act  as  the  attorney  for  the  Board  of 
Trustees.  The  said  Board  of  Trustees  shall  be  composed  of  the 
Superintendent  of  Public  Schools,  three  members  of  the  Board 
of  School  Directors,  to  be  elected  by  said  Board  of  School  Di- 
rectors every  four  years  in  the  month  of  January,  beginning  Jan- 


81 

nary,  1913,  and  the  members  so  elected  shall  become  members 
of  the  said  Board  of  Trustees  on  the  fifteenth  day  of  February 
next  following  the  date  of  their  election,  provided  that  as  soon 
as  practicable  after  the  passage  of  this  Act  the  Parish  Board  of 
School  Directors  shall  elect  three  of  its  members  to  serve  on  the 
said  Board  of  Trustees  until  the  members  elected  in  January, 
1913,  shall  become  members  of  the  said  Board  of  Trustees ;  and  five 
members  of  the  teaching  force  of  the  Parish  of  Orleans  who  shall 
be  elected  in  the  following  manner:  On  the  third  Monday  of 
January  beginning  in  the  year  1913,  and  every  four  years  there- 
after, the  members  of  the  teaching  force  of  the  Parish  shall  de- 
posit with  the  said  Board  of  Trustees  a  sealed  ballot  containing 
the  names  of  five  teachers  representing  their  respective  choices 
for  membership  on  the  said  Board  of  Trustees.  The  Board  of 
Trustees  shall  examine  said  ballots  and  give  to  each  teacher  re- 
ceiving a  vote  credit  therefor  and  the  five  teachers  re- 
ceiving the  highest  number  of  votes  under  the  said  ballots  shall 
become  members  of  the  said  Board  of  Trustees,  on  the  fifteenth 
day  of  February  next  following  the  date  of  their  election.  The 
said  Board  of  Trustees  shall  publicly  announce  the  result  of  said 
election  not  later  than  the  first  day  of  February,  next  following 
the  date  said  ballots  were  deposited,  provided,  however,  that 
within  30  days  after  this  Act  shall  become  operative,  and  on  a 
day  to  be  designated  by  the  Board  of  School  Directors,  five  mem- 
bers of  the  teaching  force  of  the  Parish  shall  be  elected  in  the 
manner  provided,  except  the  said  ballots  shall  be  deposited  with 
the  Board  of  School  Directors,  which  Board  shall  examine  said 
ballots  and  give  to  each  teacher  receiving  a  vote  a  credit  there- 
for, and  the  five  teachers  receving  the  highest  nuinbr  of  votes 
under  said  ballots  shall  be  members  of  the  Board  of  Trustees 
until  the  members  elected  in  1913  shall  become  members  of  the 
said  Board  of  Trustees.  The  Board  of  School  Directors  shall 
publicly  announce  the  result  of  said  election,  without  any  unnec- 
essary delay  after  the  election.  As  soon  as  practicable  after  the 
election  of  the  members,  the  Superintendent  shall  call  a  meeting 
of  the  said  Board  of  Trustees.  Provided,  that  in  order  to  carry 
out  the  intention  of  this  act,  as  amended,  there  shall  be  held,  on 
the  fourteenth  day  of  October,  1914,  a  special  election  for  two 
members  of  said  Board  of  Trustees,  to  be  chosen  from  the  teach- 


82 

ing  force,  said  election  to  be  conducted  and  the  results  ascer- 
tained and  determined  in  the  manner  hereinabove  provided,  and 
the  two  teachers  so  chosen  to  hold  office  as  members  of  said 
Board  of  Trustees  until  their  successors  shall  have  been  elected 
and  qualified  in  1917,  as  provided  in  this  amendment. 

Section  2.  That  the  members  of  the  said  Board  of  Trustees 
shall  hold  office  until  their  successors  are  elected  and  become 
members  as  provided  in  the  preceding  section.  In  case  of  a 
vacancy  in  said  Board  of  Trustees  by  reason  of  death,  resigna- 
tion, or  through  any  other  cause,  of  a  member  of  the  teaching 
force,  the  Board  of  Trustees  shall  elect  a  member  of  said  teach- 
ing force  as  a  member  of  said  Board  of  Trustees  for  the  un- 
expired  term  of  the  person  who  has  ceased  to  be  such;  in  case 
of  a  vacancy  on  said  Board  of  Trustees  by  reason  of  death,  res- 
ignation, or  through  any  other  cause,  of  a  member  of  the  Board 
of  School  Directors,  the  said  Board  of  School  Directors  shall 
forthwith  elect  one  of  its  members  as  a  member  of  said  Board 
of  Trustees  for  the  unexpired  term  of  the  person  who  has  ceased 
to  be  such. 

Section  3.  That  a  majority  of  said  Board  of  Trustees  shall 
constitute  a  quorum  for  the  transaction  of  all  business,  and 
the  said  Board  shall  have  full  power  to  make  and  enforce  all 
by-laws,  rules  and  orders  that  it  may  deem  necessary  or  appro- 
priate to  carry  out  the  purposes  of  this  Act,  and  said  Board  of 
Trustees  may  take  by  gift,  grant,  device  or  bequest,  any  money, 
personal  property,  real  estate  or  any  interest  therein,  and  any 
such  gift,  grant,  device  or  bequest  may  be  absolute,  or  upon  such 
conditions  that  the  donor  may  impose  at  the  time  of  the  gift, 
grant,  device,  or  bequest  and  said  Board  shall  be  authorized  to 
take  such  gift,  grant  or  bequest  under  and  by  the  style  of  the 
Board  of  Trustees  of  the  Teachers'  Retirement  Fund,  and  to 
hold  the  same  or  assign,  transfer  or  sell  same,  whenever  proper 
under  the  terms  of  such  gift,  grant,  device  or  bequest,  or  when- 
ever necessary,  under  and  by  such  name. 

Section  4.  That  the  said  Board  of  Trustees  shall  elect  from 
its  members  a  President  and  a  Vice-President.  The  Secretary 
of  the  Board  of  -School  Directors  shall  be  Secretary-Treasurer 
of  the  Board  of  Trustees,  with  such  additional  compensation 
therefor  as  may  be  fixed  and  paid  by  the  Board  of  Trustees, 


83 

and  it  shall  be  his  duty  to  keep  a  true  and  correct  statement 
of  the  account  of  each  member  with  the  Teachers7  Retirement 
Fund  and  to  render  to  the  Board  of  Trustees  a  monthly  account 
of  his  doings.  The  Secretary-Treasurer  of  said  Board  of  Trus- 
tees shall  receive  and  keep  account  of  all  moneys  belonging  to 
the  Teachers'  Retirement  Fund  and  all  notes,  bonds  and  other 
securities  belonging  to  said  Teachers'  Retirement  Fund,  and 
shall  collect  the  principal  of,  and  interest  on  the  same.  The  said 
Fund  shall  be  deposited  in  a  bank  or  banks  to  be  selected  by  the 
Board  of  Trustees  and  to  be  withdrawn  on  checks  signed  by  the 
Secretary-Treasurer  and  President  of  this  Board ;  the  said  notes, 
bonds  and  other  securities  shall  be  deposited  in  a  safety  deposit 
vault  in  a  bank  or  banks,  selected  by  the  Board  of  Trustees, 
subject  to  the  joint  order  of  the  President  and  Secretary-Treas- 
urer of  this  Board.  Before  assuming  to  act  as  such  Secretary- 
Treasurer  he  shall  furnish  bond  in  one  or  more  bonding  compa- 
nies authorized  to  do  business  in  this  State,  in  such  fixed  amount 
as  the  Board  of  Trustees  may  require,  conditioned  for  the  faithful 
performance  of  the  duties  imposed  upon  him  by  this  Act,  or 
that  may  be  assigned  to  him  by  the  Board  of  Trustees,  or  form 
part  of  his  duties  in  any  manner,  and  for  the  faithful  accounting 
of  all  moneys  and  securities,  including  both  principal  and  inter- 
est, which  may  come  into  his  hands  and  which  shall  belong  to 
the  Teachers'  Retirement  Fund,  or  be  under  the  control  of  the 
Board.  Said  'Secretary-Treasurer  upon  the  expiration  of  his 
term  of  office  shall  account  to  said  Board  for  all  moneys,  notes, 
bonds  and  other  securities  coming  into  his  hands,  and  for  the 
interest,  income,  profit,  rentals  and  proceeds  of  and  from  the 
same  and  he  shall  turn  over  to  his  successor  all  moneys,  notes, 
bonds  and  other  securities  belonging  to  said  Fund.  It  shall  be 
the  duty  of  the  Secretary-Treasurer  to  keep  a  true  and  accurate 
account  of  the  proceedings  of  said  Board  of  Trustees,  and  he 
shall  perform  such  other  duties  as  the  Board  of  Trustees  shall 
direct.  The  Secretary-Treasurer  shall  make  a  full  and  accurate 
account  of  his  office  whenever  required  so  to  do  by  the  Board 
of  Trustees.  The  said  Board  of  Trustees  shall  have  power  to 
appoint  such  other  employees  as  it  may  from  time  to  time  deem 
necessary  to  carry  out  the  purposes  of  this  Act,  and  the  said 


84 

Board  shall  pay  to  such  employees  such  salaries  as  may  be  fixed 
by  the  Board. 

Section  5.  That  every  teacher  who  is  such  at  the  time  of 
the  passage  of  this  Act,  shall  as  soon  as  practicable  thereafter 
notify  the  said  Board  of  Trustees  whether  he  or  she  desires  to 
accept  the  advantages  of  this  Act,  or  any  amendments  thereto, 
and  every  acceptance  when  given  shall  be  irrevocable,  and  any 
such  teacher  who  may  accept  shall  be  eligible  for  election  to  said 
Board  of  Trustees,  and  he  or  she  shall  have  the  right  to  vote  for 
members  thereof;  and  such  teachers  who  shall  fail  to  accept  be- 
fore January  1,  1911,  shall  not  be  entitled  to  any  benefits  or 
advantages  under  this  Act,  until  he  or  she  shall  have  first  paid 
into  the  Teachers'  Retirement  Fund,  an  amount  equal  to  the 
assessments  he  or  she  would  have  paid  into  said  fund,  had  such 
acceptance  been  given  on  or  before  December  31,  1910,  together 
with  twenty  per  centum  of  such  amount.  Assessments  under 
this  Act  shall  begin  to  be  payable  September  1st,  1910. 

Section  6.  That  from  and  after  the  passage  of  this  Act,  the 
acceptance  of  a  position  as  teacher,  or  as  a  member  of  the  teach- 
ing force  of  the  Parish,  shall  ipso  facto  be  an  acceptance  of  all 
provisions  of  this  Act,  and  of  any  amendments  thereto,  and  as 
an  agreement  and  obligation  to  pay  assessments  provided  for 
herein,  or  that  may  be  provided  for. 

Section  7.  That  all  moneys,  property  of  any  kind  or  securi- 
ties that  may  come  into  the  hands  of  the  said  Board  of  Trustees, 
under  the  provisions  of  this  Act,  or  any  amendment  thereto,  shall 
be  known  as  the  Teachers'  Retirement  Fund,  and  said  Board 
of  Trustees  is  hereby  given  full  and  complete  power  and  ex- 
clusive control  over  said  Fund,  and  is  hereby  empowered  to  have, 
demand,  receive,  hold,  invest  and  reinvest  the  same  for  the  pro- 
motion of  the  purposes  of  said  fund  which  shall  consist  of  the 
following : 

First:  Assessments  upon  the  salary  of  every  teacher,  who 
shall  notify  the  Board  of  Trustees  of  his  or  her  acceptance  of  the 
provisions  of  this  act  and  amendments  thereto,  under  Section 
5,  and  assessments  upon  the  salary  of  each  and  every  teacher 
who  may  be  appointed  after  the  passage  of  this  act,  as  follows : 

One  per  centum  per  month  upon  the  salary  of  every  teacher 
who  shall  have  been  engaged  in  excess  of  ten  years  in  teaching 


85 

service;  one  and  one  half  per  centum  per  month  upon  the  salary 
of  every  teacher  who  shall  have  been  engaged  in  excess  of  ten 
years,  but  not  more  than  twenty  years  in  teaching  service ;  and 
two  per  centum  per  month  upon  the  salary  of  every  teacher  who 
shall  have  been  engaged  longer  than  twenty  years  in  teaching 
service,  provided  that  the  Board  of  Trustees  shall  have  the 
power  and  authority  to  increase  the  assessments  not  to  exceed 
one-half  of  one  per  centum  additional  in  each  class,  and  further 
provided  that  a  member  of  the  teaching  force,  as  defined  in  this 
act,  who  is  not  engaged  in  class  room  teaching,  and  who  takes 
advantage  of  this  Act  shall  be  assessed  two  per  centum  per  month 
upon  his  or  her  salary  without  regard  to  years  of  service.  The 
Secretary  of  the  Board  of  School  Directors,  paying  such  salaries, 
shall  prepare  monthly,  as  part  of  his  monthly  pay  roll,  a  roll 
of  assessment  and  place  opposite  the  name  of  each  and  every 
teacher  liable  thereto,  the  amount  of  the  monthly  assessment 
payable  by  him  or  her,  and  shall  furnish  forthwith  a  copy  of 
such  roll  to  the  Treasurer  of  the  School  Board,  and  the  said 
Treasurer  shall  deduct  and  retain  out  of  the  monthly  salary  due 
to  such  teacher  the  amount  of  such  monthly  assessment,  and  the 
sum  of  such  monthly  assessments  shall  be  immedately  paid  by 
the  Treasurer  to  the  said  Board  of  Trustees. 

Second :  All  moneys,  property  of  any  kind,  or  securities  that 
may  come  into  the  hands  of  the  said  Board  of  Trustees  for  the 
purpose  of  said  Teachers'  Retirement  Fund  by  gift,  grant,  de- 
vise, bequest,  or  other- wise. 

Section  8.  That  the  Board  of  School  Directors  may  re- 
tire from  regular  duty,  upon  its  motion,  any  teacher  who 
has  been  such  for  a  period  of  forty  years  at  the  time  such 
application  is  made,  and  shall  retire  from  regular  duty  any 
teacher,  upon  his  or  her  application,  who  has  been  a  regu- 
lar teacher  for  a  period  of  thirty  years  at  the  time  such  ap- 
plication is  made,  and  the  teacher  so  retired,  provided  he  or  she 
shall  be  entitled  to  the  advantages  of  this  Act  under  Section 
5  or  6  hereof,  shall  receive  for  life  the  salary  provided  by  Sec- 
tion 15.  Every  teacher  who  is  such  at  the  time  of  passage  of  this 
Act,  for  the  purpose  of  retirement  under  this  Section  or  the  next 
succeeding  section,  after  service  for  ten  years  as  a  member  of  the 
teaching  force  of  the  Parish,  shall  be  entitled  to  full  credit  for  his 
or  her  years  of  service  as  a  public  school  teacher  elsewhere. 


86 

Section  9.  That  the  Board  of  School  Directors  shall  re- 
tire from  regular  duty,  upon  his  or  her  own  application,  any 
teacher  who  has  been  such  for  a  period  of  five  years,  in  the 
city  schools,  at  the  time  such  application  is  made,  and  who 
is  disabled  and  incapacitated  from  performing  regular  duty, 
provided  the  Board  of  Trustees  shall  find  such  teacher  so 
disabled  or  incapacitated  after  an  examination  made  by  the 
Medical  Inspector  appointed  by  the  Board  of  School  Direc- 
tors, or  after  such  examination  as  the  Board  of  Trustees  may 
provide.  No  examination  fee  or  charge  shall  be  paid  by  the 
teacher  examined.  The  Board  of  School  Directors  may  retire 
upon  its  motion,  and  shall  retire  upon  his  or  her  own  application 
any  teacher  who  has  reached  the  age  of  sixty-five  years.  Any 
teacher  so  retired  under  the  provisions  of  this  Section,  provided 
he  or  she  shall  be  entitled  to  the  advantages  of  this  Act,  under 
Sections  5  or  6  hereof,  shall  receive  for  life  a  salary  of  as  many 
fortieths  of  that  provided  for  by  Section  15,  as  he  or  she  may 
have  served  years  at  the  time  of  such  retirement;  and  if  the 
Board  of  School  Directors  shall  deem  any  teacher  who  has  been 
such  for  a  period  of  five  years  at  the  time  the  notices  herein 
provided  for  are  given,  to  be  disabled  or  incapacitated  from  per- 
forming regular  duty,  the  said  Board  of  School  Directors  shall 
serve  written  notice  to  that  effect  upon  the  said  teacher  and  upon 
the  President  or  Secretary-Treasurer  of  the  Board  of  Trustees, 
and  the  proceedings  shall  then  be  had,  after  the  notice  provided 
for  in  Section  11,  in  accordance  with  the  provisions  of  said  Sec- 
tion 11.  If  the  Board  of  Trustees,  after  such  proceedings  are  had 
shall  find  the  said  teacher  to  be  incapacitated  from  performing 
regular  duty,  such  teacher,  if  so  retired,  shall  be  entitled  to  a 
salary  in  the  manner  and  amount  as  if  he  or  she  had  been  retired 
upon  his  or  her  own  application  under  this  Section. 

Section  10.  That  unless  teachers  who  may  be  retired  under 
the  preceding  Sections,  shall  have  paid  into  said  Teachers'  Re- 
tirement Fund,  by  way  of  assessment  or  otherwise,  an  amount 
equal  at  least  to  that  which  he  or  she  shall  be  entitled  to  re- 
ceive as  a  salary  for  the  first  year  of  retirement,  the  said  Board 
of  Trustees  shall  deduct  one-fifth  of  the  deficiency  thereof  from 
the  amount  of  said  salary  for  each  of  the  first  five  years  that 
the  same  may  be  payable. 


87 

Section  11.  That  after  any  teacher  shall  have  been  retired 
under  Section  9,  the  Board  of  Trustees  shall  have  the  right  at 
any  time  to  cause  such  teacher  to  again  be  brought  before  it  and 
examined  by  the  Medical  Inspector  of  the  Board  of  School  Direc- 
tors, and  also  to  examine  other  witnesses  for  the  purpose  of  ascer- 
taining whether  such  teacher  shall  remain  on  the  retired  roll.  The 
fee  or  charge  of  the  examining  physician  shall  be  paid  by  the 
Board  of  Trustees.  Such  teacher  shall  be  entitled  to  at  least 
thirty  days'  notice  and  to  be  present  at  the  hearing  of  any  evi- 
dence; shall  be  permitted  to  propound  any  questions  pertinent 
or  relative  to  such  matter,  and  shall  have  the  right  to  introduce 
evidence  upon  his  or  her  own  behalf.  Such  teacher  and  all  wit- 
nesses shall  be  examined  under  oath,  and  any  male  member  of 
said  Board  of  Trustees  is  hereby  authorized  and  empowered  to 
administer  the  oath.  If  the  Board  of  Trustees  shall  find  such 
teacher  qualified  for  active  service,  he  or  she  shall  report  to  the 
Superintendent  of  Public  Schools  of  the  Parish,  whenever  re- 
quired to  do  so  by  the  Board  of  Trustees,  and  said  Superintend- 
ent shall  assign  such  teacher  to  such  service  or  employment  as 
may  be  within  his  or  her  power  to  perform,  in  the  judgment  of 
such  Superintendent  and  of  the  examining  physician  employed 
by  the  Board  of  School  Directors.  During  the  time  of  such 
employment  such  teacher  shall  receive  the  regular  salary  there- 
for, and  shall  cease  to  be  entitled  to  any  payment  out  of  the 
Teachers'  Retirement  Fund,  because  of  disability  or  incapacity 
on  account  of  which  such  teacher  was  retired.  Any  teacher  that 
may  be  retired  under  Section  9,  and  reassigned  for  active  duty 
under  this  Section,  shall  for  the  purposes  of  late  retirement  un- 
der this  Act,  be  considered  as  having  been  in  active  service 
during  the  period  of  former  retirement. 

Section  12.  That  any  teacher  retired  under  the  provisions  of 
this  Act  shall  continue  as  an  employee  of  the  Board  of  Direct- 
ors of  Public  Schools,  but  shall  be  compensated  from  the  Teach- 
ers' Retirement  Fund  as  provided  for  in  this  Act,  and  it  shall 
be  the  duty  of  the  teacher  so  retired  to  render,  without  extra 
compensation,  such  teaching  service  and  at  such  time  as  the 
Board  of  Directors  of  Public  Schools  shall  direct,  provided,  the 
Board  of  School  Directors  shall  not  require  any  such  retiree! 
teacher  to  perform  any  teaching  service  except  such  as  the  Board 


88 

of  Trustees  may  certify  to  the  Board  of  School  Directors  to  be 
within  the  reasonable  physical  power  of  such  retired  teacher, 
and  provided  further  that  no  such  retired  teacher  shall  be  re- 
quired to  render  teaching  service  for  a  longer  period  than  thirty 
days  in  any  school  year. 

Section  13.  That  the  Board  of  Trustees  shall  establish  a 
permanent  fund,  to  the  credit  of  which  shall  be  put  and  depos- 
ited all  gifts,  grants,  devices  and  bequests,  all  other  receipts  for 
the  first  fiscal  year  during  which  the  Act  shall  become  operative, 
except  so  much  of  said  receipts  as  the  Board  of  Trustees  may 
require  during  the  said  year  to  defray  its  expenses  and  the  un- 
expended balances  remaining  at  the  end  of  each  fiscal  year  there- 
after. And  no  part  of  the  said  permanent  fund  shall  be  ex- 
pended, except  the  interest  and  income  therefrom;  provided, 
however,  that  one-half  of  the  amount  added  to  such  permanent 
fund  during  any  fiscal  year  may  be  used,  if  necessary,  during 
the  fiscal  year  immediately  following,  and  provided  further  that 
amounts  to  be  refunded  under  Section  16,  shall  be  paid  out  of 
the  permanent  fund.  The  fiscal  year  shall  begin  September  1st, 
of  each  year. 

Section  14.  That  this  Act  shall  not  affect  in  any  way  the 
power  of  the  Board  of  School  Directors  to  remove  teachers  from 
service  under  the  laws  now  in  force,  or  hereafter  enacted. 

Section  15.  That  upon  the  retirement  of  any  teacher  under 
Section  8,  the  teacher  so  retired  shall  be  entitled  to  receive  a 
salary  for  life  out  of  the  Teachers'  Retirement  Fund  equal  to 
one-half  of  his  or  her  average  annual  salary  for  five  years  im- 
mediately preceding  retirement,  but  no  salary  of  any  teacher 
shall  be  less  than  $300.00  nor  greater  than  $600.00  per  annum, 
and  the  Board  of  Trustees,  subject  to  such  rule  or  regulations 
as  the  Board  may  adopt,  shall  pay  the  salaries  to  the  teachers 
entitled  thereto  under  this  Section  and  Sections  8  and  9. 

Section  16.  That  any  teacher  contributing  to  such  Re- 
tirement Fund,  who  shall  voluntarily  cease  to  teach  in  the 
Public  Schools  of  the  Parish,  before  receiving  any  salary  from 
said  Teachers'  Retirement  Fund,  shall  be  entitled  to  the  re- 
turn of  one-half  of  the  amount,  without  interest,  which  shall 
have  been  paid  into  said  Teachers'  Retirement  Fund  by 
such  teacher,  and  any  teacher  whose  services  shall  be  dispensed 
with  by  the  Board  of  School  Directors  for  any  reasons  other 
than  those  enumerated  in  the  preceding  Sections,  shall  be  entitled 


89 

to  the  return  of  the  full  amount,  without  interest,  paid  into  the 
Retirement  Fund  by  said  teacher;  provided,  however,  should 
such  teacher  hereafter  again  teach  in  the  Public  Schools  of  the 
Parish,  such  teacher  shall  repay  to  said  Teachers'  Retirement 
Fund  the  amount  so  returned  to  said  Teacher,  within  one  year 
from  the  date  of  his  or  her  return  to  service  in  the  schools,  and 
upon  such  repayment  being  made  in  addition  to  such  assess- 
ments as  she  would  have  paid  in  the  interim,  plus  10%  interest, 
he  or  she  shall  be  entitled  to  credit  for  the  length  of  time  of  the 
former  service  and  interim.  Should  any  teacher  die  before 
receiving  any  salary  under  this  Act,  the  Board  of  Trustees  shall 
pay  to  teacher's  estate,  one-half  the  amount,  without  interest, 
which  shall  have  been  paid  into  said  Teachers'  Retirement  Fund 
by  said  teacher. 

Section  17.  That  no  retired  salary,  whatsoever,  provided  for 
in  this  Act,  shall  be  payable  or  paid  during  the  first  fiscal 
year  during  which  said  Act  shall  become  operative;  provided, 
further,  should  any  contributors  to  said  Teachers'  Retirement 
Fund  make  application  for  retirement  under  the  provisions  of 
this  Act  during  said  year  his  or  her  name  shall  be  placed  on  a 
waiting  list  and  he  or  she  shall  be  retired  at  the  discretion  of  the 
Board  of  Trustees  when  said  year  shall  have  expired,  but  no 
teacher  shall  be  retired  by  the  Board  of  School  Directors  under 
this  Act,  until  after  the  expiration  of  said  year. 

Section  18.  That  the  said  Teachers'  Retirement  Fund  and 
all  salaries  and  refunds  granted  and  payable  by  the  Board  of 
Trustees  shall  be,  and  are  exempt  from  seizure  or  levy  under 
attachment,  execution,  garnishment  process  or  any  other  process ; 
and  said  salaries  and  refunds  or  payment  of  the  same  shall  not 
be  subject  to  sale,  assignment  or  transfer  by  any  beneficiary, 
and  any  such  sale,  assignment  or  transfer  of  the  same  shall  be 
absolutely  void. 

Section  19.  That  the  terms  " teacher"  and  " members  of 
teaching  force  of  the  parish"  as  used  in  this  Act,  shall  mean  and 
include  any  superintendent,  assistant  superintendent,  principal, 
vice  principal,  supervisor,  secretary,  inspector,  person  in  charge 
of  any  special  department  of  instruction,  cadet,  librarian,  and 
any  assistant  to  any  of  those  above  named,  member  of  office  force, 
any  any  teacher  or  instructor  regularly  employed  as  such  by  the 
Board  of  School  Directors  of  the  Parish;  provided,  that  at  the 


90 

first  election  under  the  provisions  of  this  Act  each  and  every 
teacher  or  member  of  the  teaching  force  of  the  parish,  including 
the  officers  named  in  this  Section,  shall  have  the  write  to  vote 
for  three  members  of  the  teaching  force  of  the  parish  to  be  chosen 
at  such  election,  whether  such  teacher,  member  of  the  teachnr 
force  or  officer  has  signified  his  intention  to  accept  the  provisions 
of  this  Act  or  not. 

Section  20.  That  the  said  Board  of  Trustees  shall  have  ex- 
clusive control  and  its  decisions  shall  be  final  upon  the  question 
of  placing  any  teacher  upon  the  retired  list,  and  the  granting  a 
salary  to  said  teacher  so  retired;  the  said  Board  of  Trustees 
shall  hear  and  decide  all  applications  in  reference  to  the  retire 
ment  of  teachers,  whether  made  by  the  teacher  or  suggested  by  the 
Board  of  School  Dirctors,  and  the  decision  of  said  Board  of 
Trustees  in  all  these  matters  shall  be  final  and  conclusive  and  not 
subject  to  review  or  reversal  except  by  the  Board  of  Trustees; 
and  nothing  in  this  Act  shall  be  construed  as  depriving  the 
Board  of  Trustees  of  the  discretionary  powers  of  retiring  a 
teacher,  nor  shall  anything  in  this  Act  be  construed  as  making  it 
mandatory  on  the  Board  of  Trustees  to  retire  a  teacher  on  his 
or  her  application. 

Section  21.  That  this  Act  shall  take  effect  from  the  date  of 
its  passage  and  all  laws  or  parts  of  laws  in  conflict  herewith  are 
hereby  repealed. 

(Forfeited   Bonds,  S.  1044,   R.  S.) 

The  several  district  attorneys  throughout  the  State  shall  be 
entitled  to  demand  and  receive  one-fifth  of  all  sums,  first  deduct- 
ing the  percentage  allowed  by  law  to  the  sheriff  for  collecting 
and  paying  over  the  same,  which  may  be  collected  on  forfeited 
bonds  in  criminal  prosecutions  and  misdemeanors  in  any  court 
of  justice. 

(Quarterly  Statements  to  Be  Furnished  Supervisor  of  Public  Accounts 
by  Parish  Superintendent  and  State  Superintendent,  S.  5,  A.  25, 
'10.) 

All  State  boards  and  commissions  and  other  public  offices 
created  by  law,  and  all  educational  and  eleemosynary  institutions 
of  this  State  including  parish  school  boards,  road  and  drainage 
districts,  shall  furnish  to  said  Supervisor  of  Public  Accounts, 
quarterly,  in  each  year,  sworn  statements  of  all  moneys  received 
by  them,  from  what  sources,  and  all  moneys  expended  by  them 


91 

and  for  what  purposes;  said  statements  shall  be  accompanied 
by  vouchers  and  other  papers  necessary  to  prove  the  correct- 
ness of  the  same  and  no  officer  shall  destroy  any  voucher  or 
other  paper  belonging  to  his  office  before  same  has  been  examined 
and  passed  upon  by  said  Supervisor  of  Public  Accounts. 

It  shall  be  the  duty  of  the  Supervisor  of  Public  Accounts  to 
check  said  statements,  and,  if  any  irregularities  exist  to  call  the 
attention  of  those  responsible  thereto.  In  case  of  any  irregulari- 
ties or  defalcations  or  failure  of  any  officer  or  employee  to 
comply  with  the  provisions  of  this  Act,  it  shall  be  the  duty  of 
the  Supervisor  of  Public  Accounts  to  immediately  notify  the 
Governor  of  the  State.  The  quarterly  sworn  statements  pro- 
vided in  this  section  shall  be  furnished  the  Supervisor  of  Public 
Accounts  between  the  first  and  fifteenth  of  January,  April,  July 
and  October  of  each  year;  the  Supervisor  of  Public  Accounts 
shall  install  a  system  of  accounting  in  every  office,  which  by 
law  it  is  made  his  duty  to  inspect  and  report  upon.  The  Super- 
visor of  Public  Accounts  shall  return  all  vouchers  to  the  re- 
spective offices  after  inspection. 

(Form    of    Accounts    Prescribed;      Records    to    Be    Kept    in    Office,    S.    6, 
A.  25,  '10.) 

All  public  offices,  boards,  commissions  and  eleemosynary  and 
educational  institutions  of  this  State  and  all  parochial  school 
boards,  road  and  drainage  districts,  shall  provide  an  office  for 
their  secretary  and  treasurer  where  their  books  and  records  must 
be  kept.  All  accounts  shall  be  kept  in  the  form  prescribed  by 
the  Supervisor  of  Public  Accounts;  that  any  failure  of  any 
officer  or  employee  to  furnish  the  Supervisor  of  Public  Accounts 
with  any  information  requested  shall  immediately  report  to  the 
Governor  of  the  State,  who  will  take  such  action  as  he  may  deem 
proper.  The  Supervisor  of  Public  Accounts  is  authorized  to 
administer  oaths  and  the  Assistant  Supervisor  of  Public  Ac- 
counts when  acting  under  instructions  of  the  Supervisor  of 
Public  Accounts  shall  have  the  same  power  and  authority  as  is 
granted  under  this  Act  to  the  Supervisor  of  Public  Accounts, 
except  in  the  matter  of  administering  oaths. 

(Reports    Filed    by   Supervisor;     Duty   of  School    Board   Treasurer,   S.  7, 
A.  25,  '10.) 

The  Supervisor  of  Public  Accounts  shall  make  all  reports 
of  his  examination  in  duplicate,  one  to  be  filed  with  the  Gover- 
nor and  one  in  the  office  investigated,  unless  otherwise  provided 


92 

in  this  Act;  if  the  report  of  any  examination  discloses  any  vio- 
lation by  any  public  officer  or  employee,  the  Supervisor  of  Pub- 
lic Accounts  shall  furnish  an  additional  copy  to  the  district 
attorney  of  the  parish  where  said  offense  was  committed.  That 
the  Auditor  of  Public  Accounts  shall  furnish  the  Supervisor  of 
Public  Accounts,  in  writing,  whenever  a  tax  collector  is  delin- 
quent, and  every  parish  treasurer  and  every  parish  school  board 
treasurer  shall  notify  the  Supervisor  of  Public  Accounts  when- 
ever any  sheriff  is  delinquent  in  his  settlement. 

(Penalty  for   Neglect  of   Duty,  S.  10,  A.  25,  '10.) 

Section  10.  That  any  public  officer  or  employee  in  an  office 
that  is  subject  to  examination  by  the  Supervisor  of  Public  Ac- 
counts who  wilfully  neglects  or  fails  to  furnish  said  Super- 
visor of  Public  Accounts  with  such  papers,  accounts,  books,  or 
other  documents  which  he  has  the  right  to  inspect  or  audit  un- 
der the  terms  of  the  Act,  or  who  shall  wilfully  refuse  or  neg- 
lect to  transmit  to  said  Supervisor  of  Public  Accounts  such 
reports,  statements  or  accounts,  or  other  documents,  upon 
request  as  provided  by  the  terms  of  this  Act,  shall  be  deemed 
guilty  of  a  misdemeanor  in  office  and  shall,  upon  conviction, 
suffer  a  fine  of  not  less  than  twenty-five  dollars,  nor  more  than 
five  hundred  dollars,  or  be  imprisoned  not  less  than  ten  days 
nor  more  than  six  months,  or  both  such  fine  and  imprisonment 
in  the  discretion  of  the  court  having  jurisdiction. 

(Fees  of  Tax  Collectors  SS.  1,  2,  A.  181,  '08.) 

That  for  all  services,  labors  and  duties  performed  by  each 
Sheriff  and  ex-officio  Tax  Collector  throughout  the  State  of 
Louisiana  as  Tax  Collector,  Parish  of  Orleans  excepted,  he  shall 
be  paid  five  per  centum  on  the  first  seventy-five  thousand  dol- 
lars, aggregate  amount  of  all  State,  Parish,  District,  Poll,  and 
other  taxes  and  licenses,  collected  by  him  and  actually  paid  by 
him  into  the  State  and  Parish  Treasury  or  to  the  authority 
designated  by  law  to  receive  the  same;  and  two  per  centum  on 
the  next  forty-five  thousand  dollars,  and  one  per  cent  on  all 
amounts  over  one  hundred  and  twenty  thousand  dollars,  pro- 
vided that  no  Sheriff  and  ex-officio  Tax  Collector  shall  receive 
for  the  collection  of  all  taxes  more  than  eight  thousand  dollars 
per  annum,  provided  further  that  no  Sheriff  and  ex-officio  Tax 
Collector  shall  receive  any  compensation  for  the  collection  of 
special  school  taxes  except  in  parishes  where  the  total  amount  of 


93 

State,  Parish,  Levee  and  Poll  Taxes  and  licenses  collected  do 
not  amount  to  $50,000.  Be  it  further  provided  that  in  parishes 
where  the  collection  of  State,  Parish,  Levee  and  Poll  taxes  and 
licenses  do  not  amount  to  $50,000  the  Sheriff  and  ex-officio  Tax 
Collector  shall  receive  five  per  cent  on  amount  collected  and 
actually  paid  into  the  State  and  Parish  Treasury  or  to  the 
authority  designated  to  receive  the  same. 

The  payment  of  the  compensation  herein  provided  for  the 
Sheriff  and  ex-officio  Tax  Collector  for  the  collection  of  Taxes 
and  Licenses  shall  be  distributed  between  the  State,  Parish, 
School  Board  and  other  taxing  districts  or  divisions  and  licenses 
in  proportion  to  the  amount  of  taxes  and  licenses  received  by 
each. 

(Columbus   Day,  A,  56,  1910.) 

The  several  school  boards  of  the  State  of  Louisiana  shall 
annually  authorize,  direct  and  instruct  the  parish  superintendent 
of  education,  or  other  proper  authority  to  observe  the  anniver- 
sary of  the  date  of  the  discovery  of  America  by  Christopher 
Columbus,  October  12,  by  such  fitting  and  appropriate  exercises, 
as  the  said  various  and  several  school  boards  may  determine 
upon  and  select. 

Sec.  2.  Any  failure  upon  the  part  of  the  said  several  and 
various  school  boards  and  parish  superintendents  to  comply 
with  the  provisions  of  this  Act,  shall  subject  said  school  boards 
and  members  thereof,  and  the  parish  superintendent  to  charges 
of  nonfeasance,  and  neglect  of  duty,  which  may  be  preferred 
by  any  person,  before  the  proper  authority. 

(Bird   Day   Established,  S.  14,  A.  198,  '06.) 

Section  14.  The  State  and  Parish  Boards  of  Public  Educa- 
tion are  directed  to  provide  for  the  celebration,  by  all  public 
schools,  of  "Bird  Day,"  on  May  fifth  of  each  year,  being  the 
anniversary  of  the  birth  of  John  James  Audubon,  the  distin- 
guished son  of  Louisiana. 

On  the  recurring  anniversary  days,  suitable  exercises  are  to 
be  engaged  in,  and  lessons  on  the  economic  and  esthetic  value  of 
the  resident  and  migratory  birds  of  the  State  are  to  be  taught, 
by  the  teachers,  to  their  pupils. 


94 

(Accounts  State  Treasurer  Shall   Keep,  S.  1326,  R.  S.) 

An  account  shall  be  opened  on  the  books  of  the  treasurer,  to 
be  called  the  Current  School  Fund ;  such  account  shall  be  charged 
with  the  annual  expenditures  for  the  public  schools  and  credited 
with  the  net  receipt  for  the  special  taxes  laid  by  the  General 
Assembly  for  the  support  of  the  piiblic  schools,  and  with  the 
receipts  from  such  other  sources  as  may  be  designated  by  law. 

It  shall  be  the  duty  of  the  Auditor,  in  his  annual  report,  to 
present  a  statement  of  the  condition  of  said  fund,  and  an  esti- 
mate of  the  special  tax  needed  for  the  support  of  the  public 
schools  during  the  ensuing  year  beyond  the  receipts  for  said  sup- 
port from  other  sources.  It  shall  be  the  duty  of  the  Superin- 
tendent of  Public  Education  to  furnish  the  Auditor  with  all  in- 
formation he  may  require  for  his  said  report. 

(School  Fund;    How  Applied,  S.  1327,  R.  S.) 

The  Current  School  Fund  shall  be  used  for  the  support  of 
the  public  schools,  and  the  surplus  of  receipts  over  expenditures 
for  any  one  year,  shall  be  appropriated  to  the  support  of  public 
schools  during  the  ensuing  year;  and  the  Act  numbered  224  of 
eighteen,  hundred  and  fifty-four,  and  the  Acts  180  and  265  of 
eighteen  hundred  and  fifty-five,  which  direct  said  surplus  to  be 
funded,  be  and  the  same  are  hereby  repealed. 

(Interest  on  United  States  Deposit  Funds,  S.  1328,  R.  S.) 

The  interest  on  the  United  States  deposit  fund  sha(ll  be  appro- 
priated to  the  annual  support  of  the  public  schools,  provided 
by  the  Constitution;  and  it  shall  be  the  duty  of  the  Auditor 
and  Treasurer  annually  to  transfer  from  the  general  fund  of 
the  treasury  to  the  current  school  fund  the  sum  of  twenty-eight 
thousand  seven  hundred  and  ninety-five  dollars  and  fourteen 
cents,  the  amount  of  said  interest. 

(Bonds  and   Fines,  S.  64,  A.  214,  '02.) 

All  fines  imposed  by  the  several  district  courts  for  violation 
of  law,  and  the  amounts  collected  on  all  forfeited  bonds  in 
criminal  cases,  after  deducting  commissions,  shall  be  paid  over 
by  the  sheriff  of  the  parish  in  which  the  same  are  imposed  and 
collected,  to  the  treasurers  of  the  school  boards  in  said  parishes, 
and  shall  be  applied  to  the  support  of  the  public  schools  as  are 


95 

applied  the  other  funds  levied  for  the  purpose,  the  parish  of 
Orleans  excepted. 

(Special  School  Taxes  Authorized,  S.  1,  A.  256  of  1910.) 

Parishes,  wards,  cities,  towns,  villages,  school  districts,  road 
districts,  drainage  districts  and  sub-drainage  districts  are  de- 
clared to  be  political  sub-divisions  of  the  State,  and  special  taxes 
may  be  levied  and  debt  incurred  and  negotiable  bonds  issued 
therefor  as  hereinafter  provided,  except  that  the  Parish  of  Or- 
leans and  the  City  of  New  Orleans  are  exempted  from  the 
provisions  of  this  Act.  The  governing  authority  of  subdivisions 
herein  denned  shall  be  for  parishes,  wards  and  road  districts 
within  such  parish,  the  Police  Jury  of  the  Parish;  for  cities, 
towns  and  villages,  the  municipal  boards  thereof,  for  drainage 
and  sub-drainage  districts,  the  drainage  commissions  of  the 
drainage  district;  for  school  districts,  the  school  board  of  the 
parish  in  which  they  are  located,  and  when  a  school  district  is 
composed  of  lands  of  more  than  one  Parish,  then  the  school 
board  of  the  parish  which  furnishes  the  territory  in  said  school 
district  carrying  the  highest  assessment. 

(School    Board    Authorized    to    Call    Election    for    Special    Taxes,    S.    2, 
A,  256  of  1910.) 

The  Police  Jury  of  any  parish  acting  for  the  parish,  a  ward 
or  road  district  therein  and  the  governing  authorities  of  any 
other  subdivision  as  herein  defined  shall  have  authority  to  call 
a  special  election  for  the  purpose  of  submitting  to  the  property 
taxpayers  who  are  authorized  to  vote  at  such  election  under  the 
Constitution  and  laws  of  the  State  of  Louisiana,  a  proposition 
to  levy  a  special  tax  not  to  exceed  the  limit  that  is  now  or  may 
hereafter  be  fixed  by  the  Constitution  of  Louisiana  for  the  pur- 
pose of  giving  additional  aid  to  public  schools,  constructing  or 
purchasing  any  work  of  public  improvement  in  keeping  with  the 
objects  and  purposes  for  which  the  subdivision  was  created,  and 
the  title  to  which  shall  vest  in  the  public  or  in  the  subdivision  in 
which  such  tax  is  levied ;  and  at  the  same  election,  similarly  called 
and  held,  a  proposition  may  be  submitted  to  the  property  tax- 
payers as  to  whether  or  not  they  will  incur  debt  and  issue  nego- 
tiable bonds  therefor  not  to  exceed  ten  (10  per  cent)  per  centum 
of  the  assessed  value  of  the  property  for  the  subdivision  calling 


96 

said  election,  to  be  issued  for  the  purpose  of  purchasing  or  con- 
structing works  of  public  improvement  in  keeping  with  the 
objects  and  purposes  for  which  the  subdivision  was  created,  and 
the  title  to  which  shall  vest  in  the  public  or  sub-division  levying 
Ihe  tax.  That  such  governing  authority  shall  be  required  to  call 
an  election  for  either  of  the  purposes  above  mentioned  when 
requested  to  do  so  by  the  petition  in  writing  of  one-fourth  of  the 
property  taxpayers  eligible  to  vote  in  said  election. 

(Resolution  Calling  the  Election;  Publication,  S.  3,  A.  256,  MO.) 

In  the  resolution  calling  the  election,  the  rate,  object  and 
purpose  for  which  the  tax  is  to  be  levied  and  the  number  of 
years  it  is  to  run,  must  be  stated.  If  the  proposition  is  to  incur 
debt  and  issue  negotiable  bonds  therefor,  the  object  for  which 
the  debt  is  to  be  incurred,  the  number  of ., years  it  is  to  run  and 
the  rate  of  interest  to  be  paid  on  same,  shall  be  stated  in  the 
proposition  submitted  to  the  property  taxpayers.  After  such 
resolution  is  passed,  a  notice  of  said  election  shall  be  given, 
embracing  substantially  all  things  that  are  required  to  be  set 
forth  in  the  resolution,  and  shall  set  forth  further  that  the 
authorities  ordering  the  election  will,  in  open  session  to  be  held 
at  an  hour  and  place  named  in  such  notice,  proceed  to  open 
the  ballot  boxes,  examine  and  count  the  ballots  in  number  and 
amount,  examine  and  canvass  the  returns,  and  declare  the  result 
of  the  election.  Such  notice  shall  be  advertised  for  thirty  days 
in  a  weekly  newspaper  published  in  the  subdivision  or  parish 
in  which  the  tax  is  proposed  to  be  levied,  and  if  there  is  no 
newspaper  published  in  the  parish,  by  posting  in  three  public 
places  in  the  subdivision  ordering  the  election.  Four  weeks' 
publication  in  a  newspaper  shall  constitute  a  publication  for 
thirty  days,  provided  thirty  days  intervene  from  the  date  on 
which  the  publication  is  first  inserted  and  the  day  on  which  the 
election  takes  place. 

(Who  Is  Entitled  to  Vote,  S.  4,  A.  256,  '10.) 

The  property  taxpayers,  qualified  as  electors  under  the  Con- 
stitution and  laws  of  this  state,  shall  be  entitled  to  vote  at  such 
elections,  the  qualifications  of  such  taxpayers  as  voters  to  be 
those  of  age,  residence  and  registration  as  voters;  provided  that 
resident  women  taxpayers  shall  have  the  right  to  vote  at  all 


97 

such  elections  without  registration,  in  person  or  by  their  agents 
authorized  in  writing,  which  written  authorization  shall  be  at- 
tached to  such  agent 's  ballots,  respectively ;  provided  that,  when- 
ever the  limit  and  boundaries  of  any  municipal  corporation  have 
been  extended  under  the  laws  of  this  State,  and  the  assessment 
roll  that  is  to  include  the  property  in  the  extended  limits  has  not 
already  been  made  for  said  municipal  corporations,  those  who 
have  become  property  taxpayers  for  said  municipal  corporation 
by  the  extension  of  its  limits  and  who  are  qualified  under  the 
Constitution  and  laws  of  this  State  to  vote,  shall  be  permitted 
to  vote  under  this  Act,  and  that  the  assessment  of  the  property 
within  such  municipal  corporation  as  extended  shall,  for  the 
purpose  of  ascertaining  the  assessed  valuation  of  property  herein 
and  for  the  purpose,  of  any  election  under  this  Act,  be  taken 
from  the  last  assessment  roll  of  the  parish. 

(Election    Held    Under    Supervision    and    at    Expense    of    School    Board, 
S.  5,  A.  256,  '10.) 

Such  elections  shall  be  conducted  under  the  supervision  and 
at  the  expense  of  the  subdivision  ordering  the  same,  the  govern- 
ing authority  of  which  shall  appoint  for  each  polling  place  three 
commissioners  and  one  clerk  of  election  (all  of  whom  shall  be 
registered  voters),  designate  the  polling  places,  provide  the  ballot 
boxes,  ballots,  the  necessary  blanks  for  tally  sheets,  lists  of  voters, 
valuation  of  property  and  compiled  statement  of  the  voters  in 
number  and  amount,  and  fix  the  compensation  of  such  election 
officers. 

(Duty  of   Registrar  of  Voters,  S.  6,  A.  256,  '10.) 

It  shall  be  the  duty  of  the  registrar  of  voters  to  furnish  the 
commissioners  appointed  to  hold  such  election  with  the  lists  of 
taxpayers  entitled  to  vote  in  person  or  by  proxy  at  such  elections, 
together  with  the  valuation  of  each  taxpayer's  property  as  shown 
by  the  assessment  roll  last  made  and  filed  prior  to  each  election; 
provided  that,  when  any  taxpayer's  name  and  valuation  of 
property  shall  be  omitted  from  such  list  or  erroneously  entered 
thereon  the  commissioners  of  election  shall  have  authority  to 
receive  affidavits  of  such  taxpayer's  right  to  vote  and  of  the 
proper  assessed  valuation  of  his  property,  which  affidavit  shall 
be  attached  to  such  taxpayer's  ballot. 


98 

(Manner  of  Challenging   Voters,  S.  7,  A.  256,  '10.) 

Whenever  the  vote  of  any  taxpayer  shall  be  challenged,  the 
commissioners  of  election  shall  receive  in  writing  the  grounds 
of  challenge,  signed  by  the  person  or  persons  challenging  such 
vote,  together  with  the  challenged  taxpayer's  statement  of  his 
asserted  right  to  vote,  and  attach  such  challenge  and  statement 
to  his  ballot. 

(Form  of   Ballots,  S.  8,  A.  256,  '10.) 

The  ballots  provided  for  any  election  held  under  the  provi- 
sions of  this  Act  shall  be  of  such  form  as  to  enable  the  voteis 
to  vote  in  favor  or  against  the  proposition  submitted,  and  that 
when  more  than  one  proposition  shall  be  submitted  at  the  same 
time,  they  shall  be  so  submitted  as  to  enable  one  voter  to  vote 
on  each  proposition  separately.  The  ballots  to  be  used  at  such 
election  shall  be  in  the  following  form : 

FOR  THE  LEVYING  OF  A  TAX 


Proposition  to  levy  a 

mill  (Rate) 
tax  on  all  the  property  subject  to  State  taxation  in 
for  the  period 

(Subdivision) 

of for  the  purpose  of 

(Term) 

(Here  state  the  purpose  of  the  tax) 

Taxable  valuation  $ 

i 

(Signature  of  Voter) 


Yes 


No 


NOTICE  TO  VOTERS:  To  vote  in  favor  of  the  proposi- 
tion submitted  upon  this  ballot  place  a  cross  (X)  mark  in  the 
square  after  the  word  "Yes;"  to  vote  against  it  place  a  similar 
mark  after  the  word  "No." 


99 


FOR  THE  ISSUANCE  OF  BONDS. 

Proposition    to    incur    debt    and    issue    bonds   of 
to  the  amount  of 

(Subdivision) 

(Amount) 
to  run   ....                                                                        vpars    hpar 

Yes 

(Term) 
ing  interest  at  the  rate  of  

(Rate) 
per  centum  per  annum,  payable  for  the  

(Annually  or  semi-annually)  for  the  purpose  of 
(Here  state  the  purpose  of  debt) 

Taxable  valuation  $.  

N1 

Signature  of  Voter 

NOTICE  TO  VOTERS :  To  vote  in  favor  of  the  proposi- 
tion submitted  upon  this  ballot  place  a  cross  (X)  mark  in  the 
square  after  the  word  "Yes;"  to  vote  against  it  place  a  similar 
mark  after  the  word  "No." 

NOTE. — The  voter  must  write  his  name  on  the  back  of  his  ticket. 
(Manner  of  Selecting   Substitute  Commissioners,   Etc.,  S.  9,  A.  256,  '10.) 

Whenever  any  commissioner  or  clerk  of  election,  appointed 
as  provided  in  Section  five  of  this  Act  shall  be  unable,  fail,  or 
neglect  to  attend  or  serve  at  the  polling  place  designated  at  the 
hour  fixed  for  the  opening  of  the  polls,  or  within'  one  hour  there- 
after, the  commissioner  or  commissioners  present  shall  appoint, 
or  in  the  absence  of  all  the  commissioners  the  voters  present  shall 
elect  the  necessary  number  of  commissioners  and  clerks,  who  shall 
have  the  same  powers,  compensation  and  duties  as  other  commis- 
sioners and  clerks,  to  serve  in  the  place  and  stead  of  such  absent 
or  delinquent  appointees. 

(Oath  of   Election   Officers,  S.  10,  A.  256,  MO.) 

The  commissioners  and  clerks  of  such  elections,  before  open- 
ing; the  polls,  shall  be  sworn  to  perform  all  the  duties  incumbent 
on  them  as  such,  the  oath  to  be  taken  before  any  officer  author- 


100 

ized  to  administer  oaths,  or  by  the  Clerk  and  each  commissioner 
before  any  other  commissioner,  such  commissioners  of  election 
being  authorized  to  administer  any  oath  and  to  receive  any 
affidavit  provided  for  in  this  Act. 

(Voter's   Name  to   Be   Endorsed  on    Ballot,  S.   11,  A.  256,  MO.) 

Each  voter's  name  shall  be  endorsed  on  his  ballot;  provided 
that  ballots  voted  by  proxy  shall  have  endorsed  thereon  the 
names  of  both  the  taxpayer  and  of  her  proxy. 

NOTE. — Attorney  General  Guion  ruled  that  persons  voting  for  a  special 
school  tax  or  having  to  vote  for  a  proposition  to  fund  taxes  into  bonds  shall 
endorse  their  names  on  the  back  of  the  tickets.  The  voter's  name  and  the 
value  of  his  property  will  appear  on  the  face  of  the  ticket  in  the  blanks  ar- 
ranged for  this  purpose,  but  the  voter's  name  should  also  be  endorsed  on  the 
back  of  the  ticket. 

(Manner  of  Voting,  S.  12,  A.  256,  '10.) 

The  commissioners  of  election  shall  receive  the  ballot  of  each 
voter,  check  his  name,  or  that  of  his  principal,  on  the  list  of 
voters  furnished  by  the  registrar  as  having  voted,  enter  and 
number  his  name,  or  that  of  his  principal,  on  the  list  of  tax- 
payers voting,  and  immediately  deposit  his  ballot  in  the  ballot 
box,  reserving  to  each  voter  the  right  to  so  fold  his  ballot  that  it 
shall  not  be  known  at  the  time  of  his  voting  whether  he  has 
voted  in  favor  of  or  against  the  proposition  or  propositions  sub- 
mitted. 

(Time   of   Opening    and   Closing    Polls,   S.    13,   A.   256,   '10.) 

The  polls  of  election  ordered  and  held  under  the  provisions 
of  this  act  shall,  on  the  day  appointed  for  any  such  election,  open 
at  seven  o'clock  a.  m.  and  remain  open  until  and  not  later  than 
five  o  'clock  p.  m. ;  provided  that  no  election  shall  be  vitiated  by  a 
failure  to  open  the  polls  at  the  time  prescribed  or  by  closing:  the 
same  before  the  time  prescribed,  unless,  on  a  contest,  it  be  proven 
that  voters  were  thereby  deprived  of  their  votes  sufficient  in 
number  and  amount  to  have  changed  the  result  of  such  election. 

(Manner   of  Compiling    Votes,   S.    14,   A.   256,   MO.) 

That  immediately  after  the  closing  of  the  polls,  the  commis- 
sioners shall,  in  the  presence  of  the  bystanders  proceed  to  open 
the  ballot  boxes,  count  the  ballots  found  in  the  box  and  check 
same  with  the  list  of  voters  kept,  then  proceed  to  count  the  votes 
in  number  and  amount,  keep  in  duplicate  tally  sheets  showing 


101      ;   '  ^  :     :  .:^>;#^:Y;  ~ 

the  votes  in  number  in  favor  of  and  against  the  proposition  or 
propositions  submitted  and  showing  valuation  of  property  in 
favor  of  and  against  same,  make  in  duplicate  compiled  state- 
ments of  the  vote  in  number  and  amount,  both  in  favor  of  and 
against  such  proposition  or  propositions;  that  after  swearing  to 
the  correctness  of  the  numbered  list  of  voters,  the  duplicate  talJy 
sheets  and  duplicate  compiled  statements,  they  shall  deposit  the 
ballots,  the  registrar's  list  of  voters,  the  numbered  list  of  tax- 
payers voting,  one  duplicate  tally  sheet  and  one  duplicate  com- 
piled statement,  in  the  ballot  box,  immediately  seal  up  said  ballot 
box  and,  within  forty-eight  hours  after  the  closing  of  the  polls, 
deliver  said  sealed  ballot  boxes  with  their  contents  to  the  author- 
ities ordering  such  election  and  shall  within  the  same  delay  de- 
liver the  other  duplicate  tally  sheet  and  the  other  duplicate  com- 
piled statement  to  the  Clerk  of  the  District  Court  of  the  parish 
in  which  such  election  has  been  held,  who  shall  file  the  same  in 
his  office. 

If  the  election  commissioners  on  counting  the  ballots  find 
that  they  do  not  correspond  with  the  list  of  voters,  they  shall 
before  counting  the  ballots,  examine  same  for  the  purpose  of 
finding  the  discrepancy;  and  if  it  should  be  found  that  any 
ballots  have  been  duplicated  the  same  shall  be  destroyed,  ov  if 
it  is  found  that  the  name  of  the  voter  has  been  omitted  from  the 
list  of  persons  voting,  same  shall  be  added  to  said  list. 

(Returns  Canvassed   by  Governing   Authority,  S.   15,  A.  256,  '10.) 

On  the  day  and  at  the  hour  and  place  named  in  the  notice 
ordering  such  election,  the  authorities  under  whose  orders  such 
election  has  been  held,  shall,  in  public  session,  proceed  to  opeu 
the  ballot  boxes,  examine  and  count  the  ballots  in  number  and 
amount,  examine  and  canvass  the  returns  and  declare  the  results 
of  such  election,  which  result  they  shall  thereafter  promulgate 
by  publication  in  one  issue  of  the  official  journal,  or  other  news- 
paper of  the  parish,  where  there  is  no  official  paper,  or  by  post- 
ing where  no  newspaper  is  published. 

(Proces   Verbal    Required,   S.    15,   A,   256,   '10.) 

The  authority  ordering  the  election  shall  keep  a  proces  verbal 
of  the  manner  in  which  the  ballot  boxes  have  been  opened,  the 
returns  canvassed  and  the  result  of  the  election  ascertained  and 


:$/:*;•   ::.,:. 'V*'     102 

shall  forward  a  copy  of  said  proces  verbal  to  the  Secretary  of 
State,  who  shall  record  the  same,  another  copy  to  the  Clerk  of 
the  District  Court  who  shall  also  record  said  copy  in  the  mort- 
gage records  of  the  parish,  and  the  remaining  copy  shall  be  re- 
tained in  the  archives  of  the  office  of  the  authority  ordering  the 
election. 

(Returns  Kept  Three  Months,  S.  16,  A.  256,  '10.) 

The  custodian  of  the  archives  or  records  of  the  authority 
ordering  such  election  shall  preserve,  for  the  term  of  three 
months  from  the  date  of  promulgation  of  such  election,  the 
ballots  and  other  returns  thereof. 

(Election    Incontestible  After  Sixty    Days,   S.   17,   A.  256,  MO.) 

For  a  period  of  sixty  days  from  the  date  of  the  promulgation 
of  the  result  of  any  such  election,  any  person  in  interest  shall 
have  the  right  to  contest  the  legality  of  such  election  for  any 
cause;  after  which  time  no  one  shall  have  any  cause  of  action 
to  contest  the  regularity,  formality,  or  legality  of  said  election 
for  any  cause  whatever.  If  the  validity  of  any  election  held 
under  the  provisions  of  this  Act  is  not  raised  within  sixty  days 
herein  prescribed,  then  no  governing  authority  of  any  sub- 
division herein  named,  required  to  levy  a  tax  or  issue  bonds 
as  authorized  at  an  election  or  under  this  Act,  shall  be  permitted 
to  refuse  to  perform  that  duty  and  urge  as  an  excuse  or  reason 
therefor,  that  some  provision  of  the  Constitution  or  law  of 
Louisiana  has  not  been  complied  with,  but  it  shall  be  conclusively 
presumed  that  every  legal  requirement  has  been  complied  with, 
and  no  court  shall  have  authority  to  inquire  into  such  matters 
after  the  lapse  of  sixty  days  as  herein  provided. 

(Majority  in  Number  and  Amount  Necessary  to  Carry  an  Election,  S.  18, 
A.  256,  '10.) 

Any  proposition  submitted  by  the  governing  authority  of 
any  subdivision  as  herein  authorized  either  for  the  purpose  of 
levying  a  tax,  incurring  a  debt,  or  issuing  bonds,  must  be  voted 
for  by  a  majority  in  number  and  amount  of  the  property  tax- 
payers, qualified  as  electors  under  the  Constitution  and  laws  of 
this  State,  voting  at  an  election  held  for  that  purpose  as  herein 
provided,  before  any  such  tax  shall  be  levied,  or  before  any  debt 
shall  be  incurred  or  bonds  issued. 


103 

(Duty   of  Governing   Authority  to    Levy   and   Assess   Special   Tax,   S.   19, 
A.  256,  MO.) 

In  the  event  that  any  election  ordered  and  held  as  aforesaid 
shall  result  in  favor  of  the  proposition  to  levy  and  assess  special 
taxes  upon  the  property  subject  to  taxation  in  the  Subdivision, 
the  Police  Jury  for  the  Parish,  Ward  or  Road  District  and  the 
Governing  Authority  of  any  other  Subdivision  named  herein 
shall,  after  the  promulgation  of  the  result  of  such  election  and 
pursuant  to  the  terms  of  the  proposition  submitted  levy  and 
assess  the  said  special  taxes  on  such  property. 

(Tax  Not  to  Exceed  Constitutional   Limitation.) 

Provided  that  the  total  rate  of  taxation  so  imposed  shall  not 
exceed  the  Constitutional  limit,  nor  shall  such  tax  run  for  a 
greater  number  of  years  than  the  number  named  in  the  proposi- 
tion submitted,  nor  be  imposed  for  any  other  purpose  than  that 
named  in  such  proposition. 

(Bonds;     Regulations  for  Same,  S.  20,  A.  256,  '10.) 

In  the  event  that  any  election  ordered  and  held  for  the  pur- 
pose of  incurring  debt  and  issuing  negotiable  bonds  therefor 
shall  result  in  favor  of  the  proposition,  the  Police  Juries  for 
their  respective  Parishes,  Wards  or  Road  Districts  and  the  gov- 
erning authorities  of  all  other  Subdivisions  shall,  after  the  pro- 
mulgation of  the  result  of  such  election  and  pursuant  to  the 
terms  of  the  proposition  submitted,  by  resolution  incur  the  debt 
and  issue  negotiable  bonds  therefor,  to  be  signed  by  the  President 
or  Chairman  and  Secretary  of  the  authority  issuing  the  bonds, 
provided  the  bonds  shall  be  issued  for  no  other  purpose  than 
that  stated  in  the  submission  of  the  proposition  to  the  property 
taxpayers,  nor  for  a  greater  amount  than  therein  mentioned, 
nor  for  any  other  purpose  than  the  purpose  set  forth  in  the 
proposition  submitted  to  the  property  taxpayers  and  as  author- 
ized by  the  Constitution  of  the  State,  nor  run  for  a  longer  time 
than  that  named  in  the  proposition  not  exceeding  forty  years  nor 
bear  a  greater  rate  of  interest  than  five  (5)  per  centum  per 
annum,  payable  annually,  nor  issued  for  a  greater  amount  than 
ten  per  centum  of  the  assessed  value  of  the  subdivision,  including 
any  prior  bond  issue  nor  be  sold  by  the  authorities  issuing  same 
for  less  than  par. 


104 

(Collection  of  Taxes  Governed   by  General   Laws,  S.  23,  A.  256,  '10.) 

All  the  articles  and  provisions  of  the  Constitution  of  1898 
and  all  the  laws  in  force  or  that  may  be  hereafter  enacted 
regulating  and  relating  to  the  collection  of  State  taxes  and  tax 
sales  shall  also  apply  to  and  regulate  the  collection  of  the  special 
taxes  or  forced  contribution,  imposed  under  the  provisions  of 
this  Act,  through  the  officer  whose  duty  it  shall  be  to  collect  the 
taxes  and  moneys  due  the  municipal  corporation,  parish,  or 
drainage  district,  imposing  such  special  taxes,  or  forced  contribu- 
tions. 

(Proceeds   of   Bonds   a   Trust    Fund   for    Payment   of    Interest   and    Prin- 
cipal   of    Bonds,   S.  24,   A.   256,   MO.) 

The  proceeds  of  the  sale  of  all  bonds  issued  under  the  pro- 
visions of  this  Act  shall  constitute  a  trust  fund,  to  be  used  ex- 
clusively for  the  purpose  or  purposes  for  which  said  bonds  are 
authorized  to  be  issued.  That  any  income  derived  from  the 
particular  improvement  purchased  or  constructed,  when  so  set 
aside  by  resolution  of  the  governing  body  of  the  subdivision, 
shall,  after  the  expense  and  cost  of  maintenance  of  said  improve- 
ments are  paid,  constitute  a  trust  fund  to  be  devoted  to  the  pay- 
ment of  the  interest  on  the  indebtedness  so  contracted,  and  any 
surplus,  after  the  payment  of  such  interest,  shall  be  placed  in 
the  sinking  fund  to  be  used  in  the  extinguishment  of  the  principal 
of  said  obligation  or  bonds  at  maturity. 

(Proceeds  of  Special  Taxes  Collected  a  Trust   Fund,  S.  25,  A.  256,  '10.) 

The  proceeds  of  any  special  tax  which  have  been  voted  for  a 
particular  purpose  as  authorized  by  the  Constitution  and  the 
provisions  of  this  Act  shall  constitute  a  trust  fund  to  be  used 
exclusively  for  the  objects  and  purposes  for  which  the  tax  was 
levied  and  shall  from  year  to  year  as  collected  be  kept  separate 
and  used  for  no  other  purpose  than  the  purpose  for  which  the 
said  tax  was  voted. 

(Sinking   Fund  to  Be  Set  Aside,  S.  26,  A.  256,  '10.) 

If  the  bonds  to  be  issued  are  to  be  paid  out  of  funds  realized 
from  a  tax,  an  acreage  tax  or  forced  contribution,  which  tax, 
acreage  tax  or  forced  contribution  is  limited  and  a  fixed  amount 
required  to  be  collected  each  year,  then  the  governing  authority 


105 

issuing  the  bonds  and  levying  the  acreage  tax,  shall,  beginning 
at  a  yearly  period  before  the  maturity  of  such  debt  or  bonds, 
which  period  shall  never  be  less  than  one-fourth  of  the  whole 
term  for  which  said  debt  is  incurred,  or  said  bonds  are  issued,  set 
aside  annually,  from  said  trust  fund  derived  from  said  tax, 
acreage  tax  or  forced  contribution,  a  sinking  fund  for  the  pay- 
ment of  the  principal  of  said  debt,  or  said  bonds,  at  least  one 
fraction  of  the  principal  of  said  debt,  on  said  bonds,  said  frac- 
tion to  be  ascertained  by  dividing  the  principal  of  said  debt  or 
of  said  bonds  by  the  remaining  number  of  whole  years  before 
the  maturity  of  said  debt  or  bonds;  and  that  the  sinking  fund 
thus  set  aside  shall  be  sacredly  applied  to  the  payment  of  such 
debt  and  such  bonds.  The  time  from  the  commencement  of  the 
provision  of  a  sinking  fund  as  herein  required,  until  the  ma- 
turity of  the  said  debt  or  of  said  bonds  to  be  known  as  the  re- 
demption period. 

(Tax  to  Pay  Principal  and   Interest  Must  Be   Levied   Every  Year,  S.  27, 
A.   256,   '10.) 

The  governing  authority  of  a  Subdivision  incurring  debt 
and  issuing  bonds  as  herein  contemplated,  shall  annually,  at 
the  same  time  that  the  other  taxes  are  levied,  or  at  any  other  time, 
in  addition  to  all  other  taxes  now  authorized  by  the  Constitution 
and  laws  of  the  State  of  Louisiana,  and  in  addition  to  any  special 
tax  that  may  be  levied  at  any  election  called  and  held  for 
that  purpose,  levy  a  tax  sufficient  to  pay  the  interest  and  prin- 
cipal on  said  bonds  becoming  due  the  ensuing  year.  When  a 
period  is  fixed  at  which  such  bonds  shall  begin  to  mature,  the 
total  amount  of  indebtedness  shall  be  divided  among  the  num- 
ber of  years  in  which  payments  are  to  be  made  and  the  prin- 
cipal to  be  paid  each  year,  fixed  at  such  amount  that  when  the 
total  annual  interest  is  added  thereto  the  amount  to  be  paid  each 
year  shall  be  as  nearly  equal  and  uniform  as  possible.  Such  tax 
may  be  levied  and  extended  upon  the  assessment  roll  at  any 
time  prior  to  the  final  collection  of  the  taxes  for  that  particular 
year.  If  the  authority  herein  authorized  to  levy  and  assess  such 
tax  should  fail,  neglect  or  refuse  to  do  so  before  the  completion 
of  the  assessment  rolls,  the  Auditor  of  Public  Accounts  shall  be 
authorized  and  it  shall  be  his  duty  to  name  the  rate  of  such  tax 
and  order  same  extended  upon  the  assessment  rolls  and  collected. 


106 
(Maturity   of    oonds   Must    Be    Fixed,   S.  28,   A.   256,   '10.) 

Whenever  a  debt  has  been  authorized  to  be  incurred,  the 
governing  authority  issuing  bonds  to  evidence  such  debt  shall 
fix  a  time  certain  at  which  the  bonds  shall  begin  to  mature, 
which  shall  not  be  longer  than  five  years  from  the  date  of  said 
bonds.  After  fixing  such  date,  then  the  governing  authorities 
shall  fix  the  denomination  of  the  bonds  due  each  year  thereafter 
for  an  amount  that  when  the  annual  interest  is  added  thereto 
the  total  amount  to  be  paid,  including  principal  and  interest, 
each  year  shall  be  as  nearly  equal  as  practicable. 

(Bonds  Shall    Be   Registered   by  Secretary  of  State,  S.  31,  A.  256*  '10.) 

All  bonds  issued  by  any  of  the  subdivisions  of  the  State  as 
herein  defined,  shall,  after  the  time  has  elapsed  in  which  the 
validity  of  such  bonds  can  be  contested,  to-wit,  sixty  days  from 
the  date  of  the  promulgation  of  the  result  of  the  election,  in- 
curring the  debt  and  ordering  the  issuing  of  such  bonds,  be  reg- 
istered by  the  Secretary  of  State  and  shall  have  endorsed  thereon 
the  words :  ' '  This  bond  secured  by  a  tax.  Registered  on  this  the 

day  of ,  19 — ,"  and  signed  by  the 

Secretary  of  State  with  the  Great  Seal  of  Louisiana  affixed. 

(Election  Officers  Vested  With  Same  Authority  as  in  General   Elections, 
S.  32,  A.  256,  '10.) 

The  commissioners  and  clerks  of  elections  held  under  the 
provisions  of  this  Act  shall  have  the  same  powers  and  duties  in 
conducting  said  elections  and  in  preserving  order  at  the  polls, 
as  are  conferred  and  imposed  upon  such  officers  under  the 
general  election  laws  of  this  State ;  and  that  whatever  is  declared 
in  the  general  election  laws  to  be  a  felony,  other  crime,  or  mis- 
demeanor, shall  be  such  for  any  election  held  under  the  pro- 
visions of  this  Act,  and  shall  be  punished  in  the  same  manner; 
that  any  willful  failure  or  neglect  to  comply  with  the  require- 
ments of  this  Act  or  any  willful  violation  of  same,  by  any  officer, 
agent,  or  employee,  of  any  subdivision  herein  defined,  availing 
itself  of  the  provisions  of  this  Act,  shall  be  a  crime  and  shall 
be  punished  by  a  fine  of  not  less  than  twenty-five  dollars  nor 
more  than  five  hundred  dollars,  or  by  imprisonment  not  exceed- 
ing one  year,  with  or  without  hard  labor,  or  by  both  such  fine 
or  imprisonment,  at  the  discretion  of  the  court. 


107 

(All    Special    Tax    Elections    Hereafter,    Governed    by    This    Act,    S.    33, 
A.  256,  '10.) 

Nothing  in  this  Act  shall  be  held  or  construed  to  invalidate, 
or  render  illegal  the  acts,  proceedings,  elections,  taxes,  debts, 
bonds,  ordinances,  resolutions,  bids,  agreements,  contracts  or 
obligations,  done,  had,  held,  levied,  authorized  to  be  levied,  in- 
curred, authorized  to  be  incurred,  issued,  authorized  to  be  is- 
sued, adopted,  accepted,  or  entered  into,  pursuant  to  any  article 
of  the  Constitution,  by  any  subdivision  herein  named  (the  City 
of  New  Orleans  excepted)  prior  to  the  passage  of  this  Act; 
that  any  provision  in  the  charter  of  any  municipal  corporation 
of  this  State  (the  City  of  New  Orleans  excepted)  in  conflict  with 
the  provisions  of  this  Act  for  the  immediate  submission  of  the 
proposition  herein  specified  to  the  property  taxpayers  of  said 
corporation  in  an  election  ordered  by  same  under  this  Act  and 
for  the  immediate  levy  of  said  tax  when  duly  authorized,  be 
and  the  same,  insofar  as  it  is  in  conflict  therewith,  is  hereby 
repealed. 

(Inheritance  Tax;     How   Paid  and    Distributed,  S.  3,  A.  45,  '04.) 

In  all  cases  where  the  inheritance  tax  appears  to  be  due,  it 
shall  be  the  duty  of  the  administrator,  executor,  or  other  officer 
in  charge  of  the  succession,  or  of  the  heir  to  pay  over  to  the  Tax 
Collector  of  the  parish  where  the  succession  is  opened  the  full 
amount  of  said  inheritance  tax  and  to  present  the  receipt  to  the 
judge  before  obtaining  a  discharge  or  of  being  put  in  possession 
of  the  estate ;  the  surety  on  the  bond  of  the  administrator,  exec- 
utor or  other  officer  in  charge  of  the  estate  shall  be  liable  in 
solido  with  the  officer  for  the  full  amount  of  the  inheritance  tax ; 
such^  taxes  shall  be  distributed  to  the  several  parishes  in  accord- 
ance with  Article  248  of  the  Constitution. 

NOTE. — All  inheritance  taxes  should  be  remitted  to  the  State  Treasurer, 
who  will  credit  same  to  the  Current  School  Fund. 

(Duty   of   Parish   Superintendent   and    Parish    School    Board,   S.  4,   A.  45, 
'04.) 

It  shall  be  the  duty  of  the  parish  superintendent  and  of  the 
president  of  the  school  board  of  the  City  of  New  Orleans  to 
see  that  this  Act  be  carried  out,  and  that  the  full  amount  of 
the  inheritance  tax  be  duly  collected,  and  it  shall  be  the  duty 


108 

of  the  District  Attorney  for  the  various  parishes  throughout 
the  State,  when  called  upon  by  the  parish  superintendent  or 
the  president  of  the  school  board  in  the  Parish  of  Orleans  to 
take  proceedings  to  enforce  the  provisions  of  this  Act. 

(Inheritance   Tax   in    Favor  of    Public   Schools,   A.    109,   '06.) 

There  is  now  and  shall  hereafter  be  levied,  solely  for  the 
support  of  the  public  schools,  on  all  inheritances,  legacies  and 
other  donations  mortis  causa  to  or  in  favor  of  the  direct  descend 
ants  or  ascendants  of  the  decedent,  a  tax  of  two  per  centum,  and 
on  all  such  inheritances  or  dispositions  to  or  in  favor  of  the 
collateral  relatives  of  the  deceased,  or  strangers,  a  tax  of  five 
per  centum  on  the  amount  of  the  actual  cash  value  thereof  at 
the  time  of  the  death  of  the  decedent. 

(When   Not  to  Be   Imposed.) 

Section  2.  Said  tax  shall  not  be  imposed  in  the  following 
cases : 

a.  On  any  inheritance,  legacy  or  other  donation  mortis  causa 
to  or  in  favor  of  any  ascendant  or  descendant  of  the  decedent 
below  ten  thousand  dollars  in  amount  of  value. 

b.  On  any  legacy  or  other  donation  mortis  causa  to  or  in 
favor  of  any  educational,  religious  or  charitable  institution. 

c.  When  the  property  inherited,  bequeathed  or  donated  shall 
have  borne  its  just  proportion  of  taxes  prior  to  the  time  of  such 
donation,  bequest  or  inheritance. 

(Manner  of  Taking  Possession  of  Succession.) 

Section  3.  It  shall  be  unlawful  for  any  heir,  legatee  or  other 
beneficiary  of  a  donation  mortis  causa  to  take  or  be  in  possession 
of  any  part  of  the  things  or  property  composing  the  inheritance, 
legacy  or  other  donation  mortis  causa,  or  to  dispose  of  the 
same  or  any  part  thereof,  until  he  shall  have  obtained  the  author- 
ity of  the  court  to  that  effect,  as  hereafter  provided;  and  in 
case  he  shall  so  take  or  be  in  possession  or  shall  so  dispose  of 
such  things  or  property,  or  any  part  thereof,  he  shall  no  longer 
have  the  right  of  renouncing  such  inheritance  or  donation  mortis 
causa,  and  shall  remain  personally  liable  for  the  tax  thereon; 
but  he  may,  without  waiting  for  authority  do  such  acts  as  may 
seem  necessary  to  preserve  the  property  from  waste,  damage 
or  loss. 


109 

(Duty  of  Executor.) 

Section  4.  The  executor  of  the  will  of  a  person  deceased,  or 
the  administrator  of  his  succession,  shall,  after  payment  pf  his 
debts,  proceed  against  the  tax  collector  and  all  the  heirs  and 
legatees  of  the  deceased  summarily,  by  rule  before  the  court 
which  has  jurisdiction  of  the  succession,  to  fix  the  amount  of  tax 
due  by  each  heir  or  legatee,  and  on  trial  thereof  the  court  shall 
render  judgment  for  the  same  against  each  heir  or  legatee,  with 
interest  and  costs,  as  hereinafter  provided. 

(Amount   of  Taxes  to    Be   Deducted   by    Executor.) 

Section  5.  The  executor  or  administrator  shall  thereupon 
pay  to  the  tax  collector  the  amount  of  tax,  with  interest  and 
costs,  so  fixed,  on  each  inheritance,  legacy  or  donation,  out  of 
the  funds  comprised  therein,  if  sufficient.  Should  there  not  be 
sufficient  funds,  the  court  shall,  on  the  application  of  the  heir 
or  legatee,  grant  an  order  for  the  sale  of  the  property  composing 
such  inheritance,  legacy  or  donation,  or  so  much  thereof  as  may 
be  necessary,  for  the  purpose  of  paying  such  judgment.  If  the 
same  be  not  paid  by  the  heir  or  legatee,  or  an  order  of  sale  be 
not  granted,  as  above  provided  within  thirty  days  after  the  date 
of  the  judgment,  the  court  shall,  on  the  application  of  the  ex- 
ecutor or  administrator,  grant  an  order  of  sale  for  the  said 
purpose,  as  above  provided,  and  the  executor  or  administrator 
shall  pay  the  said  judgment  out  of  the  proceeds  of  the  sale. 

Such  sale  shall  be  made  in  such  manner,  and  on  such  terms 
and  conditions  as  the  court  shall  prescribe,  and  the  expense 
thereof  shall  be  borne  by  the  heir  or  legatee. 

(Duty  of   Executor.) 

Section  6.  No  executor  or  administrator  shall  deliver  any 
inheritance  or  legacy  until  the  tax  thereon  shall  be  fixed  and 
paid,  as  hein  provided;  otherwise  he,  together  with  his  surety, 
shall  be  personally  liable  for  said  tax,  with  interest  and  cost. 
And  no  executor  or  administrator  shall  be  discharged  until  it  is 
shown  that  all  taxes  under  this  Act,due  by  the  heirs  and  legatees, 
have  been  paid,  or  until  it  is  judicially  determined  by  the  process 
herein  provided  that  no  tax  is  due. 


110 

(Duty  of  Legal   Heir.) 

Section  7.  In  all  cases  in  which  an  administration  is  not  or- 
dered bv  the  court,  the  legal  or  instituted  heir,  or  universal 
or  residuary  legatee,  shall  within  six  months  after  the  death 
of  the  decedent,  or,  should  there  be  a  will,  within  the  same  time 
after  the  discovery  of  the  same,  present  to  the  court  a  detailed 
descriptive  list,  sworn  to  and  subscribed  by  him,  of  all  items 
of  property  contained  in  and  composing  the  estate  of  the  de- 
cedent, and  therein  shall  state  the  actual  cash  value  of  each  such 
item  at  the  time  of  the  death  of  the  decedent,  and  service  thereof 
shall  be  made  on  the  tax  collector  who  shall  have  the  right  to 
traverse  the  same.  Should  the  deceased  have  made  special  or 
particular  legacies  or  donations  mortis  causa,  the  legatee  shall 
also  be  served,  and  after  summarily  hearing  the  parties  the  court 
shall  fix  the  amount  of  tax  due  as  aforesaid  by  each  such  heir  or 
legatee,  and  shall  render  judgment  therefor,  with  interest  and 
costs,  against  each  of  them. 

(Amount  of  Tax  to   Be  Deducted.) 

Section  8.  In  the  same  manner  as  provided  in  Section  5, 
the  heir  or  universal  or  residuary  legatee  shall  thereupon  pay  or 
take  measures  for  the  payment  of  the  tax  due  on  all  special  or 
particular  legacies  or  donations. 

(Property    May   Be  Sold  to   Pay  Taxes.) 

Section  9.  The  heir  or  universal  residuary  legatee  may 
likewise  obtain  an  order  for  the  sale  of  the  property  of  his 
inheritance  or  legacy,  or  part  thereof,  for  the  purpose  of  paying 
the  tax  thereon.  But  if  such  tax  be  not  paid,  or  such  order  of 
sale  be  not  made  within  thirty  days  after  the  date  of  the  judg- 
ment fixing  the  amount  of  the  tax,  a  similar  order  for  the  same 
purpose  shall  be  granted  on  the  application  of  the  tax  collector, 
and  thereunder  any  property  forming  part  of  the  inheritance 
or  legacy  may  be  sold,  and  the  proceeds  thereof  shall  be  applied 
to  the  payment  of  the  tax  with  interest  and  costs. 

(Duty  of  Heir  to  See  that  Tax   Is  Paid.) 

Section  10.  The  heir  or  residuary  or  universal  legatee  shall 
not  deliver  any  legacy  until  the  tax  thereon  shall  have  been 
fixed  and  paid;  otherwise  he  shall  be  personally  liable  for  the 
said  tax,  with  interest  and  costs. 


Ill 

(Search  for  Will;     When   Made) 

Section  11.  If  during  the  six  months  next  following  the 
death  of  any  person  leaving  property,  movable  or  immovable, 
within  this  State,  an  administration  of  his  succession  be  not 
applied  for  or,  his  legal  or  instituted  heir  or  universal  or  residu- 
ary legatee  do  not  apply  to  the  court  to  be  placed  in  possession 
thereof,  as  herein  provided,  the  court  shall  ex  parte  and  on  the 
application  of  the  tax  collector  grant  an  order  directing  that  a 
search  be  made  for  the  will  of  the  deceased  by  a  notary  public, 
and  in  aid  of  the  same  may  order  that  all  persons  having  in  their 
possession  or  control  any  books,  papers  or  documents  of  the 
deceased  or  any  bank-box,  safe  deposit  vault  or  other  receptacle 
likely  or  designed  to  contain  the  same,  shall  open  such  receptacle 
and  exhibit  the  contents  thereof,  as  well  as  all  other  books,  papers 
and  documents  of  the  deceased,  to  the  said  notary. 

(Court   May   Appoint   Executor.) 

Section  12.  Should  the  said  notary  find  any  document  ap- 
pearing to  be  the  will  of  the  deceased,  he  shall  take  possession 
of  the  same  and  produce  it  in  court;  and  on  application  of  the 
tax  collector,  or  of  any  party  in  interest,  the  court  shall  proceed 
to  the  probate  thereof,  as  now  provided  by  law.  If  an  executor 
be  therein  appointed,  the  person  named  shall  be  notified,  and  if 
he  do  not  within  ten  days  after  notification  accept  the  appoint- 
ment, and  if  within  the  ten  days  next  following  this  delay  no 
person  entitled  to  be  appointed  dative  testamentary  executor 
shall  apply  for  the  appointment,  then  the  Public  Administrator 
in  the  Parish  of  Orleans,  and  in  the  other  parishes  the  tax  col- 
lector, shall  be  appointed  dative  testamentary  executor  of  the  said 
decedent,  and  the  administration  of  his  succession  shall  proceed 
as  herein  directed  and  according  to  existing  law. 

Procedure  Where  No  Will  Is  Found.) 

Section  13.  If  the  notary  can  find  no  will,  he  shall  report 
the  fact  to  the  court ;  and  thereupon  the  tax  collector  shall  pro- 
ceed against  the  legal  heir  or  heirs  of  the  deceased  summarily 
by  rule  to  fix  the  amount  of  tax  due  by  him  or  them,  and  each 
of  the  heirs  shall  be  ordered,  within  a  delay  to  be  fixed  by  the 
court,  which  may  be  extended  from  time  to  time  in  the  discre- 
tion of  the  court,  to  make  and  file  a  detailed  descriptive  list, 


112 


sworn  to  and  subscribed  by  him,  of  all  the  items  of  property 
contained  in  and  composing  the  estate  of  the  decedent,  stating 
therein  the  actual  cash  value  of  each  such  item  at  the  time  of  the 
death  of  the  decedent,  and  the  tax  collector  shall  have  a  right 
to  traverse  the  same.  On  trial  of  the  rule  the  court  shall  fix  the 
amount  of  tax  due  by  each  of  the  heirs,  and  shall  render  judg- 
ment for  the  same  against  each  of  them,  and  in  such  case,  as 
well  as  in  the  cases  mentioned  in  Section  12,  shall  include  in 
the  costs  payable  by  the  heir  or  legatee  a  fee  of  not  more  than 
ten  per  cent,  on  the  amount  of  tax  due  by  each  heir  or  legatee 
in  favor  of  the  attorney  for  the  tax  collector.  In  the  same 
manner  and  under  the  same  conditions  as  provided  in  Sections 
5  and  9  of  this  Act,  such  heirs  or  legatees  shall  have  the  right  to 
procure  the  sale  of  their  inheritances  or  legacies  for  the  pur- 
pose of  paying  the  tax  due  thereon,  with  interest,  costs  and  at- 
torneys fees;  and  if  payment  thereof  be  not  made  by  the  heir 
or  legatee,  or  if  an  order  of  sale,  as  above  provided,  be  not 
granted,  within  thirty  days  after  the  date  of  the  judgment, 
the  tax  colletor  shall  be  entitled  to  a  similar  order,  and  there- 
under any  property  forming  part  of  the  inheritance  or  legacy 
may  be  sold. 

(Any   Heir   May    Institute   Proceedings  and    Receive   Fee.) 

Section  14.  Should  there  be  more  than  one  legal  or  instituted 
heir  or  universal  or  residuary  legatee  any  one  of  them  may 
institute  the  proceedings  provided  by  this  Act,  and  the  others 
shall  be  made  parties  thereto  and  such  heir  shall  be  entitled  to 
recover  out  of  the  mass  of  the  succession  one  reasonable  attor- 
ney's fee,  besides  his  costs. 

(Rights  of   Creditors    Preserved.) 

Section  15.  Nothing  contained  in  this  Act  shall  affect  the 
rights  of  creditors  of  persons  deceased  or  the  rights  of  the  cred- 
itors of  the  heirs  or  legatees  of  such  persons,  as  established  by 
the  general  law. 

(Legacy   Indivisible.) 

Section  16.  Each  inheritance  or  legacy  is  indivisible,  and 
must  be  accepted  or  renounced  for  the  whole;  and  the  heir  or 
legatee  shall  not  be  entitled  to  be  placed  in  possession  of  the 
same,  and  shall  be  without  right  or  capacity  to  alienate  any 


113 

part  thereof,  until  the  tax  on  the  whole  shall  have  been  fixed 
and  paid,  or  until  it  shall  have  been  judicially  determined,  in 
the  manner  herein  provided,  that  no  part  of  the  same  is  subject 
to  the  tax  imposed  by  this  Act. 

(Prohibiting   Delivery  of   Effects   Before  Tax   Is   Paid.) 

Section  17.  (As  amended  and  re-enacted  by  Act  No.  301 
of  1914.)  No  bank,  banker,  trust  company,  warehouseman 
or  other  depository,  and  no  person  or  corporation  or  partnership 
having  on  deposit  or  in  possession  or  control  any  moneys,  credits, 
goods  or  other  things  or  rights  of  value  for  a  person  deceased, 
or  in  which  he  had  an  interest,  and  no  corporation  the  stock  or 
registered  bonds  of  which  are  owned  by  a  person  deceased  shall 
deliver  or  transfer  such  moneys,  credits,  stock,  bonds  or  other 
things  or  rights  of  value  to  any  heir  or  legatee  of  such  deceased 
person,  unless  the  tax  due  thereon  under  this  Act  shall  have 
been  paid,  or  unless  it  be  judicially  determined  in  the  manner 
herein  prescribed  that  no  tax  is  due  by  such  heir  or  legatee.  Oth- 
erwise the  person  or  orporation  so  making  delivery  or  transfer 
shall  be  liable  for  the  said  tax.  But  the  order  of  a  court  of  com- 
petent jurisdiction,  directing  such  delivery  or  transfer,  shall  be 
full  authority  for  the  same.  Provided,  however,  that  every  ex- 
ecutor must  cause  a  true  and  faithful  inventory  to  be  taken 
by  a  notary  public,  in  the  manner  prescribed  by  law,  and  no 
moneys,  securities,  property  and  effects  of  the  deceased  held 
on  deposit  as  above  mentioned  shall  be  delivered  to  him  until 
said  inventory  or  sworn  statement  giving  detailed  statement  of 
the  property  and  its  value  shall  be  made  and  filed  in  court  in 
the  proceedings  in  which  he  is  acting  as  executor. 

(Burden  of  Proof.) 

Section  18.  The  burden  of  proving  facts  establishing  ex- 
emption from  the  tax  imposed  by  this  Act  is  upon  the  person 
claiming  exemption. 

(Jurisdiction) 

Section  19.  The  District  Court  of  the  last  domicile  of  the 
deceased,  and  in  the  Parish  of  Orleans  the  Civil  District  Court, 
shall  have  original  jurisdiction  to  hear  and  determine  all  the 
proceedings  provided  by  this  Act.  In  the  case  of  a  non-resident 
decedent,  the  District  Court,  or  Civil  District  Court,  of  any 


114 

parish  in  which  he  left  property,  movable  or  immovable,  shall 
exercise  such  jurisdiction,  and  the  court  in  which  such  proceed- 
ings shall  be  first  begun  shall  have  exclusive  original  jurisdiction 
thereof. 

(Unknown   Heirs.) 

Section  20.  Non-residents  and  unknown  heirs  and  legatees, 
and  those  whose  whereabouts  are  unknown,  shall  be  represented 
by  curator  ad  hoc  appointed  by  the  court,  and  all  notices,  cita- 
tions and  demands  prescribed  by  this  Act  shall  be  served  on  such 
officers.  Though  there  be  in  any  case  more  than  one  unknown 
or  absent  heir  or  legatee,  all  may  be  represented  by  the  same 
curator. 

(Commissions  of  Tax  Collectors.) 

Section  21.  The  tax  collector  spoken  of  and  intended  by  this 
Act  is  the  Sheriff  and  ex-officio  Tax  Collector  of  the  parish  in 
which  was  the  last  residence  of  the  decedent,  or  in  which  is  sit- 
uated property  of  a  non-resident  decedent,  and  in  the  Parish  of 
Orleans  the  Clerk  of  the  Civil  District  Court.  They  shall  re- 
ceive a  commission  of  two  per  cent  on  their  collections  of  taxes 
under  this  Act. 

(Compensation    of    Attorneys.) 

Section  22.  In  and  for  the  Parish  of  Orleans  the  Governor 
shall  appoint  by  and  with  the  advice  and  consent  of  the  Senate, 
for  a  term  of  four  years,  an  attorney  at  law,  whose  duty  it  shall 
be  to  advise,  assist  and  represent  the  Clerk  of  the  Civil  District 
Court  in  the  enforcement  of  this  Act.  For  his  services,  except 
as  provided  in  Sections  12  and  13,  he  shall  receive  a  fee  of  four 
per  cent  on  all  taxes  collected  hereunder,  payable  out  of  the  same 
before  transmission  to  the  Treasury.  In  all  other  parishes  of 
the  State  the  said  duties  shall  be  performed  by  the  attorneys 
appointed  under  existing  law  to  assist  the  tax  collectors  in  the 
collection  of  delinquent  licenses,  and  the  compensation  of  such 
attorney  shall  be  as  above  provided. 

(Method  of  Fixing  Value  of  Annuity.) 

Section  23.  In  fixing  the  value  of  any  legacy  or  donation 
mortis  causa  which  consists  in  whole  or  in  part  of  an  annuity 
or  usufruct  or  right  of  use  or  habitation,  the  court  shall  consider 


115 

tht-  expectancy  of  life  of  the  legatee  or  donee  according  to  the 
table  known  as  the  American  Experience  Table  of  Mortality,  at 
six  per  cent,  per  annum  compound  interest. 

(Delinquent   Penalty.) 

Section  24.  Taxes  hereby  levied  shall  bear  interest  at  the 
rate  of  two  per  cent  per  month,  beginning  six  months  after  the 
death  of  the  decedent;  saving  to  any  heir,  legatee,  or  donee  the 
right  to  stop  the  running  of  interest  against  him  by  paying  the 
amount  of  his  tax  with  accrued  interest,  or  by  tendering  the  same 
to  the  tax  collector  in  the  manner  prescribed  by  the  general  law ; 
provided,  however,  that  in  cases  in  which  the  settlement  of  the 
succession  is  not  unduly  delayed,  or  in  which  the  right  of  any 
party  to  receive  an  inheritance  or  legacy  is  contested,  and  in  all 
cases  in  which  the  failure  to  pay  tax  on  any  legacy  or  inherit- 
ance within  the  period  aforesaid  is  not  imputable  to  the  laches 
of  the  heir  or  legatee,  the  court  may,  in  its  discretion,  remit  such 
interest. 

(Costs  to    Be   Borne   by  the   Succession.) 

Section  25.  The  costs  of  all  the  proceedings  under  this  Act 
shall  be  borne  by  the  mass  of  the  succession;  provided,  that  in 
cases  in  which  it  seems  to  him  equitable  to  do  so  the  judge  shall 
have  the  power  to  apportion  the  costs  among  the  several  parties, 
cr  allow  any  party  to  retain  his  costs  out  of  any  sum  found  to 
he  due  by  him  for  tax  hereunder.  Provided,  the  provisions  of 
this  Act  shall  affect  all  successions  not  finally  closed,  or  in  which 
the  final  account  has  not  been  filed. 

(Assessing  the   Poll   Tax,  S.  1,  89,  '88.) 

The  Tax  Assessors  throughout  the  State  be  and  they  are 
hereby  required  to  render  to  the  School  Boards  of  their  respective 
parishes,  annually,  by  the  first  Saturday  of  October,  a  complete 
schedule  list,  by  wards,  of  all  persons  liable  to  pay  poll  tax  in 
their  respective  parishes.  If  any  Assessor  fails  to  comply  with 
the  requirements. of  this  Act,  the  failure  shall  be  cause  for  re- 
moval; besides,  he  shall  be  subject  to  a  fine  of  $250  for  the  benefit 
of  the  public  schools  in  the  parish  in  which  the  delinquent  officer 
resides,  and  in  which  he  i?  the  Assessor.  In  the  City  of  New 
Orleans  the  Board  of  Assessors  shall  comply  with  the  require- 


116 

raent  of  this  Act,  and  in  the  event  of  failure,  shall  be  subject 
to  dismissal  and  penalty  as  before  provided.  (See  Arts.  231  and 
252.  Constitution  of  1898.) 

(Returns  of  Collections,  S.  2,  A.  89,  '88.) 

The  Sheriffs  and  Tax  Collectors  in  their  respective  parishes 
shall  return,  by  the  first  Saturday  of  February,  of  each  and  every 
year,  to  the  School. Boards  of  their  respective  parishes,  a  list  pred- 
icated upon  the  list  mentioned  by  wards,  showing  all  persons  in 
the  parishes,  respectively,  who  have  paid  their  poll  tax,  as  well 
as  persons  who  have  not  paid  the  same,  and  shall  return  their 
reasons  in  writing  and  under  oath,  the  cause  in  each  instance 
of  the  non-payment  of  a  poll  tax,  and  why  they  have  not  collected 
the  tax  not  collected. 

(Penalties,   S.  3,  A.  89,   '88.) 

If  the  said  Sheriff  or  Tax  Collector  fails  to  show  cause  why 
the  said  poll  tax  has  not  been  collected,  he  shall  be  responsible 
for  and  shall  pay  the  poll  taxes  he  has  failed  to  collect,  and  shall 
be  held  liable  with  his  securities  on  his  official  bond  for  the  pay- 
ment of  said  tax 

(Rules  for  Non-Compliance,  S.  4.  A.  89.  '88.) 

The  Sheriff  can  be  made  to  show  cause  why  the  said  poll  tax 
has  not  been  collected,  at  chambers,  before  the  district  judge, 
after  service  of  rule  and  three  days  have  elapsed  after  service. 

(Receipt  for  the   PoM   Tax,   S.   1,  A.  87,  '86.1 

Before  any  persons  serving  as  jurors  or  witnesses  in  criminal 
cases  shall  receive  the  compensation  to  which  they  are  entitled 
for  their  mileage  and  per  diem,  they  shall  exhibit  to  the  clerk 
of  the  court  a  receipt  for  the  poll  tax  or  taxes  due  by  them. 

(Deduction   of  Witnesses'  and  Jurors'  Compensation,  for  Poll  Tax,  S.  2. 
A.  87.  '86.) 

On  their  failure  to  produce  such  receipt  the  clerk  of  court 
or  other  officer,  issuing  certificates  or  warrants  for  their  mile- 
age and  per  diem,  shall  issue  certificates  or  warrants  for  amounts 
less  the  poll  tax  due,  and  shall  issue  the  certificate  or  warrants 
for  amounts  so  reserved  for  poll  tax,  to  the  treasurer  of  the 
school  board  of  the  parish,  who  shall  collect  same. 


117 


(Report    by    the    Clerk    of    Court,    S.   3,    A.   87,    '86.) 

The  clerk  of  court  or  other  officer,  issuing  such  certificates  or 
warrants,  shall  report  to  the  tax  collector  of  the  parish  the  names 
of  all  persons  from  whom  he  has  reserved  amounts  for  poll  tax, 
and  the  tax  collector  shall  give  such  person  credit  for  such  poll 
tax. 

NOTE. — The  custom  of  some  tax  collectors  of  claiming  and  collecting  com- 
missions for  the  retention  of  polls  by  the  Clerks  of  Court  is  without  foundation 
in  law,  as  the  tax  collector  in  no  sense  collects  the  tax  and  is  entitled  to  no 
commission  thereon. 

(Poll  Tax  Collections  of  Orleans,  S.  1,  A.  56,  '94.) 

The  collections  of  poll  taxes  in  the  Parish  of  Orleans,  to- 
gether with  all  the  processes,  commissions  and  obligations  inci- 
dent thereto  as  now  provided  by  law,  are  vested  in  the  treasurer 
of  the  City  of  New  Orleans. 

(Election  on  Sale  of  School  Lands,  S.  2958,  R.  S.) 

It  shall  be  the  duty  of  the  parish  treasurers  of  the  several 
parishes  in  this  State  to  have  taken  the  sense  of  the  inhabitants 
of  the  township,  to  which  they  may  belong,  any  lands  heretofore 
reserved  and  appropriated  by  Congress  for  the  use  of  schools, 
whether  or  not  the  same  shall  be  sold,  and  the  proceeds  invested 
as  authorized  by  an  Act  of  Congress,  approved  February  15, 
1843.  •*  *  *  Polls  shall  be  opened  and  held  in  each  town- 
ship after  advertisement,  for  thirty  days,  at  three  of  the  most 
public  places  in^the  town,  and  at  the  courthouse  door,  and  the 
sense  of  the  legal  voters  therein  shall  be  taken  within  the  usual 
hours,  and  in  the  usual  manner  of  holding  elections,  which  elec- 
tions s'hall  be  held  and  votes  received  by  a  member  of  the  parish 
school  board  or  a  justice  of  the  peace ;  and  if  a  majority  of  the 
legal  voters  be  in  favor  of  selling  the  school  lands  therein,  the 
same  may  be  sold,  but  not  otherwise.  The  result  of  all  such  elec- 
tions shall  be  transmitted  to  the  parish  treasurer,  and  by  him  to 
the  State  Superintendent. 

(Survey,   S.  2959,    R.   S.) 

Before  making  sale  of  the  school  lands  belonging  to  the  State, 
it  shall  be  the  duty  of  the  parish  treasurer,  or  other  persons 
whose  duty  it  may  become  to  superintend  the  sales,  to  cause  a 
resurvey  of  such  lines  as  from  any  cause  may  have  become  oblit- 
erated or  uncertain;  and  for  this  purpose  he  is  authorized  to 


118 

employ  the  parish  surveyor,  or  on  his  default,  any  competent 
surveyor;  and  the  lines  thus  surveyed  shall  be  marked  in  such 
manner  as  to  enable  those  interested  to  make  a  thorough  exam- 
ination before  sale,  and  all  advertsements  made  for  the  sale  of 
such  lands  shall  contain  a  full  description  thereof  according  to 
the  original  survey  and  that  required  by  this  section.  The  ex- 
penses of  the  survey  shall  be  paid  by  the  Auditor  of  Public  Ac- 
counts out  of  the  proceeds  of  the  sale  of  the  lands  on  the  war- 
rant of  the  parish  treasurer. 

NOTE. — The  State  is  the  trustee  of  these  lands  or  of  the  proceeds  of  their 
sale  for  the  use  of  the  inhabitants  of  the  township  in  which  they  are  located — 
vide,  Board  of  School  Directors,  vs.  Ober,  32  A.  419. 

(Rights  of   Way   May   Be  Granted  to  the  United   States  by  the  School 
Boards,   A.   14,   '08.) 

The  Parish  Board  of  School  Directors  of  any  parish  within 
the  State  shall  have  authority  by  resolution  duly  passed  by  said 
board,  when  in  its  judgment  it  is  to  the  manifest  interest  of  the 
public  in  general,  and  in  order  to  facilitate  the  construction, 
maintenance  and  operation  of  canals,  or  a  portion  of  a  canal,  or 
branch  of  any  canal,  constructed  by  or  under  the  authority  of 
the  United  States  for  the  purpose  of  transportation  or  for  pur- 
poses of  extension  or  improvement  of  the  public  waterways,  to 
donate  to  the  United  States  of  America  rights  of  way  over  and 
across  any  of  the  lands  belonging  to  the  public  schools  located 
within  the  parish  in  which  said  board  is  constituted  or  organized, 
which  grant  or  donation  may  be  made  without  any  previous  ad- 
vertisement thereof,  when  authorized  by  a  resolution  of  said 
board  to  sign  an  act  of  conveyance  evidencing  such  grant  or 
donation ;  provided,  however,  that  the  said  Parish  Boards  of 
School  Directors  shall  in  every  case  reserve  the  right  to  control, 
occupy  and  use  any  part  of  said  rights  of  way  not  actually 
needed  by  the  United  States  in  the  manner  and  to  the  same 
extent  as  before  conveying  said  rights  of  way,  and  also  the  right 
to  transfer,  lease,  quit-claim,  or  otherwise  dispose  of  the  said 
rights  of  way  and  every  part  thereof,  subject  to  the  grant  made 
to  the  United  States. 

(Sale  on  the  Order  of  the  Auditor,  S.  2960,   R.  S.) 

If  the  majority  of  the  votes  taken  in  a  townshp  shall  give 
their  assent  to  the  sale  of  the  lands  aforesaid,  the  parish  treas- 


119 

urer  shall  forthwith  notify  the  Auditor  of  Public  Accounts  of  the 
vote  thus  taken,  and  upon  his  order  the  said  lands  shall  be  sold 
by  the  parish  treasurer,  at  public  auction,  before  the  courthouse 
door,  by  the  sheriff  or  an  auctioneer  to  be  employed  by  the 
treasurer  at  his  expense,  to  the  highest  bidder,  in  quantities  not 
less  than  40  acres,  nor  more  than  160,  after  having  been  pre- 
viously appraised  by  three  sworn  appraisers,  selected  by  the 
parish  treasurer  and  recorder  of  the  parish,  after  thirty  (30) 
days  advertisement,  but  in  no  case  at  a  less  sum  than  the  ap- 
praised value,  payable  on  a  credit  of  ten  years,  as  follows:  ten 
per  cent  in  cash  and  the  balance  in  nine  annual  installments,  the 
interest  to  be  paid  on  the  whole  amount,  annually,  at  the  rate  of 
eight  per  cent  per  annum ;  the  notes  shall  be  made  payable  to  the 
Auditor  of  Public  Accounts,  secured  by  special  mortgage  on  the 
land  sold,  and  personal  security  in  solido,  until  final  payment  of 
principal  and  interest;  in  event  of  the  purchaser  neglecting  or 
refusing  to  pay  any  of  these  installments  or  interest  at  maturity, 
the  mortgage  shall  be  forthwith  closed,  and  the  parish  treasurer 
is  hereby  authorized  to  advertise  and  sell  the  land  as  before  pro- 
vided for.  and  further  authorized  and  required  to  execute  all 
acts  of  sale  on  behalf  of  the  State  for  any  such  lands  sold,  to 
receive  the  cash  payment  and  notes  given  for  the  purchase,  which 
shall  be  made  payable  to  the  State  Treasurer,  and  to  place 
the  same  in  the  office  of  the  Auditor  of  Public  Accounts  for 
collection ;  all  cash  received,  either  for  principal  or  interest, 
from  said  sales  shall  be  transmitted  by  him  to  the  State  Treas- 
urer, and  any  moneys  thus  received  into  the  State  Treasury 
from  sales  aforesaid  shall  bear  interest  at  the  rate  of  four  per 
cent  per  annum,  and  be  credited  to  the  township  to  which  the 
same  belongs  according  to  the  provisions  of  the  Act  of  Congress. 
The  parish  treasurer  shall  forthwith  notify  the  State  Super- 
intendent of  the  results  of  all  sales  made  by  him.  The  parish 
treasurer  shall  be  authorized  to  receive  the  whole  amount  bid 
for  the  lands,  deducting  the  eight  per  cent  interest  which  the 
credits  will  bear.  (See  Supreme  Court  decision  as  to  price,  etc.) 

NOTE. — The  above  Act  has  been  amended  by  Act.  57  of  '84.  changing  6  per 
cent  to  4  per  cent. 


120 
(Sale  of   Uninhabitable    Lands),   S.  1,   A.   168,  '94.) 

All  sixteenth  section  lands  located  in  a  township  not  habita- 
ble by  reason  of  the  land  being  swamp  or  sea  marsh,  the  school 
board  of  the  parish  in  which  such  lands  are  located  may  present 
an  application  for  sale  of  such  sixteenth  section  land  to  the  Aud- 
itor of  Public  Accounts,  in  which  they  shall  set  forth  the  location 
of  the  township,  its  character  and  the  reason  upon  which  a  sale  is 
desired,  and  upon  receipt  of  such  application  duly  signed  by  the 
president  and  secretary  thereof,  the  Auditor  may  authorize  the 
sale,  if  in  his  judgment  a  sale  should  be  made. 

(Sale  Conducted   in  the  Same   Manner  as  Others,  S.  2,  A.  168,  '94.) 

In  case  a  sale  is  ordered  as  provided  for  in  Section  1  of  this 
Act,  the  parish  treasurer  shall  make  such  sale  in  the  same  man- 
ner, and  upon  the  terms  and  conditions  as  is  now  provided  by 
law,  for  the  sale  of  sixteenth  section  lands;  provided  this  Act 
shall  not  apply  to  sixteenth  sections  now  leased  to  parties  for  a 
term  of  years. 

(Sale  of  Sections   Divided    by   Parish    Lines,   A.   147,  '57.) 

When  the  sixteenth  section  of  any  township  is  divided  by 
a  parish  line,  the  treasurer  of  the  parish  in  which  a  greater 
portion  of  the  section  may  lie,  shall  proceed  to  take  the  sense  of 
the  people  of  the  township,  and  to  sell  the  same  as  provided  by 
law,  as  if  the  whole  section  lay  in  his  parish;  provided,  that 
the  same  shall  be  advertised  at  the  courthouses  of  both  parishes. 

(Treasurer's  Commission,  A.  33,  '59.) 

Parish  treasurers  of  the  several  parishes  shall  be  entitled  to 
retain  out  of  the  proceeds  of  the  sale  of  sixteenth  sections 
effected  by  them  a  percentage  of  two  and  one-half  on  the  amount 
of  said  sales,  to  be  deducted  from  the  cash  payment,  and  the 
same  shall  be  in  full  compensation  of  their  services. 

(Proceeds  of   Lands  Accruing  to  Townships,  S.  2963,   R.  S.) 

All  moneys  that  have  been  or  may  hereafter  be  received  into 
the  State  Treasury,  and  the  interest  that  has  or  may  accrue 
thereon  from  the  sale  of  sixteenth  sections  of  school  lands  or 
the  school  land  warrants  belonging  to  the  various  townships 
in  the  State,  shall  be  placed  to  the-  credit  of  the  township,  and 
should  the  people  of  any  township  desire  to  receive  for  the 


121 

use  of  the  schools  therein,  the  annual  interest  payable  by  the 
State  on  funds  deposited  to  their  credit,  or  the  annual  proceeds 
of  the  loans,  the  parish  treasurer  shall,  on  the  petition  of  five 
legal  voters  in  any  such  township,  order  an  election  to  be  held 
in  the  township,  as  provided  for  the  sale  of  township  lands ;  and 
if  a  majority  of  any  number  of  votes  above  seven  be  in  favor  of 
receiving  annually  the  accruing  interest  as  aforesaid,  the  same 
shall  be  paid  to  the  treasurer  of  the  parish  for  the  use  of  the 
township  or  district;  otherwise  the  interest  shall  be  an  accumu- 
lating fund  to  their  credit  until  called  for. 

(Mode  of  Annulling   Sales,  S.  2965,  R.  S.) 

In  all  cases  of  the  sale  of  the  school  lands  known  as  sixteenth 
sections,  heretofore  made,  where  the  purchase  money  has  not 
been  paid,  the  purchaser  or  purchasers  shall  have  the  right  to 
annul  the  sale  upon  application  to  the  district  court  of  the  par- 
ish where  the  land  is  situated ;  provided,  that  the  judgment  of 
nullity  shall  be  obtained  at  the  cost  of  the  applicant,  and  con- 
tradictorily with  the  district  attorney,  in  conjunction:  with  the 
school  directors  of  the  district  in  which  said  land  is  situated, 
who  shall  be  made  a  party  defendant  in  such  suit;  provided, 
also,  that  it  shall  appear  upon  the  hearing  that  the  value  of  the 
land  has  not  been  impaired  by  any  act  of  the  purchaser;  and 
provided  further,  that  nothing  in  this  Act  shall  be  so  construed 
as  to  entitle  the  said  purchaser  to  repayment  of  any  part  of  the 
purchase  money  already  paid. 

(Auditor's   Duty   in  the  Collection   of   Notes,   S.   1,  A.  57,  '84.) 

It  shall  be  the  duty  of  the  Auditor  of  Public  Accounts,  im- 
mediately on  the  passage  of  this  Act,  to  forward  for  collection 
to  the  treasurer  of  the  school  board  in  their  respective  parishes 
throughout  the  State,  all  the  notes  given  for  the  purchase  price 
of  sixteenth  sections,  or  any  part  thereof,  known  as  free  school 
lands,  whenever  any  installment  of  said  purchase  price  has 
become  due  or  may  become  due,  and  it  shall  be  the  duty  of  said 
treasurer  of  the  parish  school  board  to  receive  and  receipt  for 
same. 

(School   Board  Treasurer's   Duty  in  the  Collection  of  Notes,  S.  2,  A.  57, 

'84.) 

It  shall  be  ttie  duty  of  the  treasurer  of  the  parish  school 
board,  on  receipt  of  the  notes  due  and  given  for  said  sixteenth 


122 

sections,  to  immediately  notify  the  principal  and  his  sureties,  in 
writing,  of  the  amount  of  said  note,  principal  and  interest,  due 
and  unpaid;  provided,  said  lands  for  which  said  notes  were 
given  are  still  in  possession  of  the  original  purchaser,  and  if  in 
the  possession  of  other  parties,  such  possessor  shall  also  be  like- 
wise notified  of  all  the  demands  principal  and  interest,  against 
said  lands,  and  if  all  the  demands  against  the  same  be  not  satis- 
fied within  thirty  days  from  said  notice,  it  shall  be  the  duty  of 
the  treasurer  of  the  parish  school  board  to  turn  over  said  notes 
to  the  district  attorney  for  said  district,  or  other  attorney  selected 
by  the  school  board,  for  suit;  and  provided  further,  that  said 
notice  shall  serve  as  a  bar  to  prescription,  which  shall  only  begin 
to  run  from  the  service  of  said  notice. 

(Attorney's   Duty   in  the  Collection   of   Notes,  S.  3,  A.  57,  '84.) 

It  shall  be  the  duty  of  said  attorney  to  proceed  without  de- 
lay, by  all  necessary  legal  processes,  and  without  depositing 
clerk's  or  sheriff's  costs,  or  giving  security  therefor,  to  collect 
all  such  notes  as  may  be  turned  over  to  him  by  said  treasurer 
of  the  parish  school  board,  and  given  for  sixteenth  sections, 
known  as  free  school  lands,  and  if  any  of  the  conservatory  writs 
shall  be  found  to  be  necessary  in  order  to  aid  in  said  collection, 
it  shall  be  lawful  to  issue  the  same,  without  giving  bond  as 
required  in  other  cases. 

(Attorney's  Compensation,  S.  4,  A.  57,  '84.) 

The  said  attorney  shall  receive  ten  per  cent  of  all  moneys 
collected  by  him  on  notes  given  for  sixteenth  sections,  and  after 
deducting  said  ten  per  cent  he  shall  turn  over  the  remander  to 
the  treasurer  of  the  school  fund  for  the  parish  in  which  the  lands 
are  situated,  and  the  same  shall  be  transmitted  through  the 
Auditor  of  Accounts,  by  said  treasurer,  to  the  State  Treasurer; 
any  any  moneys  thus  received  into  the  State  Treasury  from 
said  collections  shall  bear  interest  at  the  rate  of  four  per  cent 
per  annum,  and  be  credited  to  the  township  to  which  the  same 
belongs,  according  to  the  provisions  of  the  Act  of  Congress. 

(When   Scrip   May   Issue.  S.  2952,   R.  S.) 

When  such  locations  cannot  be  made,  if  deemed  more  ad- 
vantageous to  the  State,  the  Register,  with  the  assent  of  the 
Federal  Government,  is  authorized  to  issue  scrip  for  such  lands, 


123 

which  scrip  shall  not  be  sold  for  a  less  amount  than  one  dollar 
and  twenty-five  cents  per  acre. 

(Duty  of  the  Auditor  in   Fixing  Capital   Due  the  Townships,  A.  96,  '86.) 

It  shall  be  the  duty  of  the  Auditor  of  Public  Accounts,  by 
the  1st  day  of  January,  1887,  to  ascertain  the  amount  of  capital 
that  may  be  due  the  several  townships  from  the  proceeds  of 
the  sales  of  sixteenth  sections,  made  since  the  1st  of  January, 
1880.  and  actually  paid  into  the  State  Treasury.  The  amount 
thus  ascertained  shall  be  the  capital  upon  wfhich  interest  shall 
thereafter  be  allowed  and  paid  out  of  the  interest  collected  on 
the  said  bonds  to  the  townships,  the  sixteenth  sections  of  which 
have  been  sold  since  the  1st  of  January,  1880,  and  the  proceeds 
actually  paid  into  the  State  Treasury,  and  the  proceeds  so  paid 
invested  as  required  by  law. 

In  calculating  the  interest  due  the  several  townships,  no  in- 
terest shall  be  allowed  for  fractions  of  the  year  during  which 
the  receipts  shall  have  come  into  the  treasury ;  but  it  shall  com- 
mence at  the  beginning  of  the  first  of  January  of  the  next  year. 

The  interest  due  upon  the  capital  ascertained  as  aforesaid, 
and  the  interest  due  upon  subsequent  sales,  shall  be  paid  to  the 
township  in  the  manner  now  provided  for  by  law.  It  shall  be 
the  duty  of  the  Auditor  to  furnish  the  Treasurer  and  Superin- 
tendent of  Public  Education  with  a  statement  of  the  amount 
due  each  township. 

(Lake   Beds  Sold  for  Account  of  Schools,  A.  124,  '02.) 

Section  1.  All  islands,  other  than  sea  marsh  islands,  be- 
longing to  the  State,  as  well  as  all  other  lands  of  the  State,  not 
the  property  of  any  levee  district,  nor  within  the  limits  of 
any  levee  district,  which  were  formerly  the  beds  of  lakes,  or 
other  bodies  of  water,  whether  navigable  or  unnavigable,  which 
are  now,  or  may  hereafter  become  dry  in  whole  or  in  part  by 
reason  of  the  recession  therefrom  of  the  waters  which  formerly 
covered  the  same,  be  and  the  same  are  hereby  declared  to  be 
open  to  entry  and  sale  for  account  of  the  State  for  school  pur- 
poses as  hereinafter  provided. 


124 

(Proceeds  of  Sale  of  All  Such  Lands  to  Be  Placed  to  the  Credit  of 
General  School  Fund,  A.  124,  '02.} 

Section  7.  The  proceeds  arising  from  the  sales  of  said  lands 
shall,  when  paid  into  the  hands  of  the  State  Treasurer,  be  placed 
by  him  to  the  credit  of  the  General  School  Fund  of  the  State 
for  the  benefit  of  the  public  schools  of  the  State  as  now  pro- 
vided by  law;  provided  that  in  addition  to  the  price  paid  the 
Treasurer  the  purchaser  of  any  of  the  lands  described  in  this 
Act  shall  pay  to  the  Register  the  fees  allowed  by  law. 

(Duty  of  School  Board  When  Vote  Is  Against  Sale  of  Lands,  S.  1,  A.  54, 
'10,  amending  A.  129,  '08,  amending  S.  2962  of  the  Revised 
Statutes.) 

Should  a  majority  of  the  legal  voters  be  against  the  sale  of 
the  lands,  then  it  shall  be  the  duty  of  the  parish  board  of  school 
directors  of  the  parish  in  which  said  lands  are  located  to  secure 
them  from  injury  and  waste  and  to  prevent  illegal  possession  or 
aggression  of  any  kind  and  to  lease  the  same,  or  any  part  thereof, 
according  to  the  provisions  of  the  Act  of  Congress  aforesaid  as 
amended  by  Act  of  Congress  approved  June  12th,  1884,  and  to 
inform  the  State  Superintendent  thereof. 

(Advertising    Lease;     Security   Required.) 

Such  lease  shall  only  be  made  after  due  notice  shall  have  been 
given  by  advertisement,  for  at  least  thirty  days,  in  the  official 
journal  of  the  parish,  or  in  any  paper  published  regularly  in  the 
parish  containing  the  land  to  be  leased,  of  the  time  and  place 
where  the  land  will  be  offered  for  lease  to  the  highest  bidder.  In 
all  cases  ample  security  shall  be  required,  not  only  for  the  punct- 
ual payment  of  the  rent  but  for  the  protection  of  the  lands  from 
all  kinds  of  waste  and  injury.  Said  parish  board  of  school 
directors  shall  have  the  right  to  reject  any  and  all  bids  offered 
for  said  lease,  if  in  its  judgment  the  bids  do  not  reach  a  just  and 
fair  value  of  the  lease. 

(Manner  of  Holding  Elections  on  Sale  of  Timber;  Lease  of  Oil  and 
Mineral  Rights.) 

The  Parish  Board  of  School  Directors  shall  have  the  author- 
ity, when  in  its  judgment  it  is  to  the  best  interests  of  the  schools 
of  a  township,  to  take  the  sense  of  the  legal  voters  residing  in 
such  township  relative  to  the  sale  of  the  timber  on  sixteenth 


125 

section  school  lands  situated  therein  or  the  lease  or  sale  of  oil 
and  mineral  rights  on  such  land.  Said  vote  shall  be  taken  under 
the  direction  of  said  board,  who  shall  give  thirty  days'  notice 
thereof  in  the  parish  journal,  or  in  any  paper  regularly  pub- 
lished in  the  parish,  setting  forth  the  time  and  place  of  the  elec- 
tion to  be  held.  The  said  board  shall  appoint  one  of  its  mem- 
bers to  conduct  the  election,  who  shall  hold  open  the  polls  and 
allow  votes  to  be  cast  within  the  usual  hours  and  in  the  usual 
manner  of  holding  elections. 

(Affirmative  Vote  to   Be   Reported  to  State  Superintendent  and   Auditor 
of  Public  Accounts.) 

If  a  majority  of  the  votes  cast  are  in  favor  of  the  sale  of  the 
timber,  or  the  lease  or  sale  of  oil  and  mineral  rights,  the  Parish 
Board  of  School  Directors  shall  at  once  report  the  result  of  the 
election  to  the  State  Superintendent  of  Public  Education  and 
to  the  State  Auditor  of  Public  Accounts,  and  upon  the  order 
of  the  State  Auditor  the  said  board  shall  proceed  to  sell  the 
timber  or  lease  or  sell  the  oil  and  mineral  rights,  either  or  both, 
as  the  case  may  be,  under  the  same  formalities  and  requirements 
as  provided  for  the  lease  of  sixteenth  section  school  lands  here- 
inabove  set  forth. 

(Notes    Made    Payable    to    Auditor    of    Public    Accounts,    Secured    by    at 
Least  Two  Solvent  Sureties   in   Solido.) 

In  all  cases  where  a  sale  of  timber  or  of  oil  and  mineral  rights 
is  made  under  the  provisions  of  this  Act  and  deferred  payments 
are  allowed,  the  notes  representing  such  deferred  payments  shall 
be  made  payable  to  the  order  of  the  Auditor  of  Public  Accounts, 
and  their  punctual  payment  shall  be  secured  by  at  least  two 
good  and  solvent  sureties,  who  shall  be  liable  "in  solido." 

(Funds   Accruing    From    Lease   of    Lands,   Sale    of   Timber   and    Mineral 
and    Oil    Rights   Credited    to    Current   School    Fund    of    Parish.) 

In  all  cases  of  the  lease  of  sixteenth  section  school  lands,  or 
of  the  sale  of  the  timber  thereon  or  of  the  lease  or  sale  of  oil  and 
the  mineral  rights  thereof,  the  cash  payment  after  deducting  suf- 
ficient amount  to  cover  the  actual  expenses  incurred  by  the  said 
election  and  making  the  said  lease  or  sale,  shall  be  credited  to 
the  account  of  the  current  school  fund  of  the  parish  where  the 
sixteenth  section  school  lands  are  located,  and  notes  representing 


126 


deferred  payments  shall  be  placed  in  the  hands  of  the  parish 
school  treasurer  for  collection,  and  when  collected  also  credited 
to  the  current  school  fund  of  said  parish,  to  be  used  for  general 
school  purposes. 

(Leases  or  Sales  of  Timber,  Oil  and   Mineral   Rights   Expire  Automatic- 
ally After  Ten   Years.) 

In  all  cases  where  a  sale  of  timber  or  the  lease  of  or  sale  of 
the  oil  and  mineral  rights  is  made  under  the  provisions  of  this 
Act,  the  purchaser  thereof  or  his  vendees,  or  the  lessee,  shall  be 
allowed  a  period  of  not  more  than  ten  years  in  which  to  remove 
the  timber  or  to  utilize  the  oil  and  mineral  rights. 

(Trespass  on   Sixteenth   Section,   S.   1,   A.   14,  '82.) 

Whoever  shall  cut  down,  or  remove  for  sale  for  his  own  use, 
or  the  use  of  another,  any  timber  on  any  free  school  land  in  this 
»State,  belonging  to  the  State,  known  as  sixteenth  section,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  bo 
condemned  to  pay  a  fine  of  not  less  than  fifty  nor  more  than  OIIP 
thousand  dollars,  and,  in  default  of  the  same,  be  sentenced  to 
imprisonment  not  less  than  ten  days  nor  more  than  one  year. 

(Same,   S.   2,   A.   14,   '82.) 

Whoever  shall  knowingly  use,  cultivate  or  inclose  any  free 
.school  land,  known  as  sixteenth  section,  without  authority  from 
the  parish  board  of  school  directors,  shall  on  conviction  be  con- 
demned to  pay  a  fine  of  not  less  than  fifty  nor  more  than  one 
thousand  dollars,  and  in  default  of  the  same  be  sentenced  to 
imprisonment  for  not  less  than  ten  days  nor  more  than  one  year. 

(School   Boards  Authorized  to  Sue  for  Recovery  of   Damages  and  Tres- 
pass on  Sixteenth  Sections,  S.  1,  A.  158,  '10.) 

The  several  school  boards  of  the  various  parishes  of  the  State 
be  and  they  are  hereby  authorized  and  empowered  to  contract 
with  and  employ  on  the  part  of  the  State  of  Louisiana,  attor- 
neys at  law,  to  recover  for  the  State,  damages  for  trespass  to 
the  sixteenth  section  known  as  school  lands  the  title  to  \vhii-h 
is  still  in  the  State,  each  of  said  Boards  to  have  authority  to 
make  said  contracts  for  the  lands  situated  in  its  own  parish 
and  no  others;  and  the  several  school  boards  shall  also  have 
authority  to  sue  for  and  recover  the  sixteenth  section  known  as 
school  lands. 


127 

(Compensation   of   District  Attorney  and   Other  Attorneys,   S.  2,  A.   158, 
'10.) 

The  attorney  or  attorneys  thus  employed  shall  work  in  con- 
junction with  the  district  attorney  for  the  parish  in  which  the 
land  is  situated ;  that  the  compensation  of  the  district  attorneys 
shall  remain  as  now  fixed  by  law;  that  the  compensation  of 
the  other  attorney  or  attorneys  employed  shall  be  fixed  by  con- 
tract between  the  respective  school  boards  and  the  .attorney  or 
attorneys  employed,  and  shall  in  each  case  be  a  contingent  fee, 
conditioned  upon  recovery;  shall  in  each  case  be  a  fixed  per- 
centage of  the  amount  recovered,  and  shall  in  no  case  exceed 
twenty-five  percentage  of  the  amount  recovered;  provided  that 
if  more  than  one  attorney  is  thus  employed  for  the  same  cause, 
the  same  fee  shall  be  paid  to  the  whole  number  of  attorneys,  as 
if  only  one  had  been  employed. 

(Manner  of    Bringing   Suits,   S.   3,   A.   158,   '10.) 

Suit  in  all  such  cases  shall  be  brought  in  the  name  of  the  State 
of  Louisiana,  and  the  attorneys  employed  as  aforesaid,  shall  sue 
for  the  value  of  all  timber  cut  and  removed  from  any  such  lands, 
as  well  as  any  and  all  other  legal  damages  caused  by  any  such 
trespass. 

(Authority   Applies   to   Sixteenth    Sections    Illegally   Acquired.) 

The  authority  given  by  this  Act  shall  apply  to  all  sixteenth 
sections  donated  by  Congress  to  this  State  in  trust  for  public 
school  purposes,  and  to  which  the  State  has  never  legally  parted 
with  the  title;  and  the  suits  herein  authorized  may  be  brought 
against  those  who  claimed  the  right  to  cut  and  remove  timber 
from  such  lands,  under  color  of  title. 

(Residue   of  Amounts    Recovered  to    Be    Paid    Into   State   Treasury.) 

Each  and  every  amount  recovered  for  the  State  as  herein 
provided  shall,  after  deducting  and  paying  the  attorney's  fees 
as  herein  provided,  and  all  other  lawful  costs  and  charges,  be 
paid  into  the  State  Treasury,  to  be  kept  on  the  books  of  the 
Auditor  and  Treasurer,  to  the  credit  of  the  township  in  which 
the  land  is  situated,  in  the  same  manner  as  now  provided  by 
law  for  the  proceeds  of  the  sale  of  such  sixteenth  sections. 


128 

(To  Provide  for  the  Sale  of  School  Indemnity  Lands,  Act.  207  of  '02.) 

Section  1.  That  all  lands  now  owned  by,  or  which  may 
hereafter  inure  to  the  State  from  the  United  States  Govern- 
ment as  indemnity  for  school  lands,  shall  be  disposed  of  as 
hereinafter  provided. 

Section  2.  That  the  Register  of  the  State  Land  Office  shall 
cause  to  be  advertised  for  sale  at  public  auction  for  thirty  clear 
days,  a  list  of  the  lands  to  be  sold,  which  have  not  already  been 
advertised,  the  publication  to  be  made  in  a  newspaper  published 
in  the  parish  where  the  land  is  to  be  sold  is  situated,  and  no  land 
to  be  sold  shall  be  advertised  in  any  paper  published  outside  of 
the  parish  where  the  same  is  situated. 

Section  3.  That  the  Register  shall  adjudicate  said  lands  at 
public  auction  to  the  last  and  highest  bidder  at  his  office  and  in 
case  the  land  so  offered  for  sale  fails  to  bring  at  auction  the  price 
of  two  dollars  and  fifty  cents  ($2.50)  per  acre  the  same  shall  be 
withdrawn  and  shall  be  thereafter  sold  by  him  at  private  sale  for 
two  dollars  and  fifty  cents  per  acre. 

Section  4.  That  the  Register  shall  not  issue  a  patent  to  the 
purchaser  of  said  land  until  he  shall  have  paid  into  the  hands 
of  the  State  Treasurer  the  purchase  price  of  said  lands. 

Section  5.  In  addition  to  the  purchase  price  paid  for  said 
lands,  the  purchaser  thereof  shall  pay  to  the  Register  the  same 
fees,  as  in  other  cases  where  a  patent  is  issued,  and  out  of  the 
purchase  price  so  paid,  the  Treasurer  of  the  State  shall  pay  the 
cost  of  advertising  said  property  and  place  the  balance  thereof 
to  the  credit  of  the  various  school  boards  entitled  to  receive 
same. 

Section  6.  The  provisions  of  this  Act  shall  not  refer  nor 
apply  to  applications  for  the  entry  and  sale  of  school  indemnity 
lands  which  may  be  pending  in  the  State  Land  Office  at  the  time 
of  the  passage  of  this  Act. 

(Sale  Which  Can   Be  Made  by  the  Land   Register,  A.  315,  '55.) 

It  shall  be  lawful  for  the  Register  of  the  State  Land  Office 
to  sell,  at  the  price  stipulated  by  law,  to  any  board  of  free 
school  district  directors  of  this  State,  any  amount,  not  less  than 
five  acres,  of  any  land  within  their  school  district,  donated  by 


129 

Congress  to  this  State,  either  for  the  use  of  a  seminary  of  learn- 
ing, or  for  the  purpose  of  internal  improvement,  on  which  to 
erect  a  schoolhouse. 

(How  Located,  S.  2947,  R.  S.) 

Any  land  so  sold  shall  commence  in  the  corner  of  a  legal 
division  or  sub-division  of  sections;  and  if  in  a  right  angle,  it 
shall  be  run  an  equal  distance  on  two  sides,  bounded  by  the  line 
of  such  division,  and  form  a  square  including  the  number  of 
acres  sold;  if  in  an  acute  angle,  it  shall  be  bounded  by  said 
division  lines  to  such  distance,  and  by  lines  in  such  other  direc- 
tions as  the  Register  may  deem  most  equitable  between  the  land 
so  sold  and  that  retained ;  the  patents  for  lands  so  sold  shall 
issue  to  the  free  school  directors  and  their  successors,  for  the 
use  of  their  district  schools,  setting  forth  the  number,  and  of 
what  parish. 

(Reservation  of  School   Lands,  A.  316,  '55.) 

The  Register  of  the  State  Land  Office  is  required  to  ascer- 
tain in  what  township  in  this  State  there  are  no  reservations 
of  school  sections  by  reason  of  conflicting  claims  or  from  any 
other  cause,  or  where  the  reservation  is  less  than  contemplated 
by  law ;  and  in  such  cases  it  is  made  his  duty  under  the  super- 
intendence of  the  Governor,  to  apply  for,  and  as  soon  as  possi- 
ble, obtain  a  location  of  any  land  or  part  of  land  in  lieu  thereof. 

(Grants    and    Reservations.) 

The  lands  granted  in  the  States  and  reserved  in  the  Territo- 
ries for  educational  purposes  by  Acts  of  Congress  from  1785  to 
June  30,  1880,  were  : 

(For  Public  or  Common  Schools.) 

Every  sixteenth  section  of  public  land  in  the  States  admitted 
to  1848,  and  every  sixteenth  and  thirty-sixth  section  of  such  land 
in  States  and  Territories  since  organized — estimated  at  67,893,919 
acres. 

(For   Seminaries   or    Universities.) 

The  quantity  of  two  townships,  or  46,080  acres,  in  each 
State  or  Territory  containing  public  land,  and,  in  some  instances, 
a  greater  quantity,  for  the  support  of  seminaries  or  schools  of  a 
higher  grade— estimated  at  1,165,520  acres. 


130 

(For    Agricultural    and     Mechanical     Colleges.) 

The  grant  to  all  the  States  for  agricultural  and  mechanical 
colleges,  by  Act  of  July  2,  1862,  and  its  supplements  of  30,000 
acres,  for  each  Representative  and  Senator  in  Congress  to  which 
the  State  was  entitled,  of  land  "in  place"  where  the  State  con- 
tained a  sufficient  quantity  of  public  land  subject  to  sale  at  ordi- 
nary private  entry  at  the  rate  of  $1.25  per  a^re,  and  of  scrip 
representing  an  equal  number  of  acres  where  the  State  did  not 
contain  such  description  of  land,  the  scrip  to  be  sold  by  the 
State  and  located  by  its  assignees  on  any  such  land  in  other  States 
and  Territories,  subject  to  certain  restrictions.  Land  in  place, 
1,770,000  acres;  land  scrip,  7,830,000;  total,  9,600,000  acres. 

In  all,  78,659,439  acres  for  educational  purposes  under  the 
heads  above  set  out  to  June  30,  1880. 

The  lands  thus  ceded  to  the  several  States  were  disposed  of 
or  are  held  for  disposition,  and  the  proceeds  used  as  perma- 
nent endowments  for  common  school  funds.  (See  Report  of  the 
Commissioner  of  Education,  Hon.  John  Eaton,  to  June  30,  1880 ; 
land  and  auditors'  reports  for  the  several  land  States;  Kiddle 
&  Schem's  Dictionary  of  Education;  and  also  ninth  census, 
E.  A.  Walker,  superintendent,  for  details  of  endowments  of  the 
several  States  for  common  schools  resulting  from  the  sales  of 
United  States  land  grants  for  education.)  As  an  illustration, 
the  State  of  Ohio  has  a  permanent  endowment  for  education, 
called  the  "Irreducible  State  Debt,"  the  result  of  sale  of  all 
granted  lands  for  education,  of  $4,289,718.52. 

(Price  of  Seminary   Lands,  S.  2954,   R.  S.) 

The  price  of  the  seminary  lands  shall  hereafter  be  fixed  at 
one  dollar  and  twenty-five  cents  per  acre. 

(Disposition    of    Funds    of    Towns    on    the    Recision    of    Their    Charters, 
S.   6,    A,    173,   '94.) 

If  after  paying  all  the  debts  of  said  town  (upon  the  disso- 
lution and  recision  of  its  charter)  there  shall  remain  any  balance 
of  money,  the  same  shall  be  turned  over  to  the  school  board  of 
the  parish  to  be  used  in  the  education  of  the  children  of  school 
age  residing  within  the  territory  covered  by  said  town. 


131 

(Prescription   of    Debts,   etc.,   S.  8,   A.   103,   '80.) 

The  term  of  prescription  of  any  and  all  debts,  due  to  any 
charitable  institution  in  this  State,  and  to  any  college  fund,  or 
any  fund  of  any  institution  of  learning,  or  to  any  fund  be- 
queathed for  charitable  purposes  of  education,  and  of  all  debts 
contracted  by  borrowing  the  whole  or  part  of  any  such  funds, 
shall  be  thirty  years ;  provided,  the  debt  is  evidenced  in  writing. 

(Free   School    Fund,   S.   2957,    R.   S.) 

The  proceeds  of  all  lands  heretofore  granted  by  the  United 
States  to  this  State  for  the  use  or  support  of  schools  except  the 
sixteenth  section  in  the  various  townships  of  the  State  specially 
reserved  by  Congress  for  the  use  and  benefit  of  the  people 
therein;  and  all  lands  which  may  hereafter  be  granted  or  be- 
queathed to  the  State,  and  not  specially  granted  or  bequeathed 
fcr  any  other  purpose,  which  hereafter  may  be  disposed  of  by 
the  State,  and  the  ten  per  cent  of  the  net  proceeds  of  the  sales 
of  the  public  land  and  which  have  accrued  and  to  accrue  to  this 
State  under  the  Act  of  Congress  entitled  "An  Act  to  appropriate 
the  proceeds  of  the  public  lands,"  and  to  grant  pre-emption 
rights,  approved  September  4,  1841;  and  the  proceeds  of  the 
estates  of  deceased  persons,  to  which  the  State  has  or  may  become 
entitled  by  law,  shall  be  held  by  the  State  as  a  loan,  and  shall 
be  and  remain  a  perpetual  fund,  to  be  called  the  Free  School 
Fund,  on  which  the  State  shall  pay  an  annual  interest  of  six 
per  cent ;  which  interest,  together  with  the  interest  of  the  Trust 
Fund  deposited  with  this  State  by  the  United  States,  under  the 
Act  of  Congress  approved  the  23d  of  June,  1836,  with  the  rents 
of  all  unsold  lands,  except  that  of  the  sixteenth  sections,  shall 
be  appropriated  for  the  support  of  public  schools  in  this  State; 
and  donations  of  all  kinds  which  shall  be  made  for  the  support  of 
schools,  and  such  other  means  which  the  Legislature  may  from 
time  to  time  set  apart  for  school  purposes,  shall  form  a  part  of 
the  fund,  and  shall  also  be  a  loan  on  which  the  State  shall  pay 
an  interest  of  six  per  cent  per  annum. 

It  shall  be  the  duty  of  the  Treasurer  of  the  State  to  apply 
annually,  and  to  receive  from  the  General  Government,  the  said 
ten  per  cent  of  moneys  now  due  and  to  become  due  to  this  State, 
and  to  place  the  same,  when  received,  to  the  credit  of  the  proper 


132 

fund,  and  to  report  thereon  to  each  session  of  the  General  As- 
sembly. 

(Special    Sources   of    Revenue.) 

1.  Act  85  of  '94. — Residue  from  sale  of  unclaimed  merchan- 
dise in  warehouse. 

2.  Act  124  of  '90. — Residue  from  sale  of  unclaimed  freight 
in  railroad  warehouse. 

3.  Act  124    (Sec.   1   and  7),    '02.— Proceeds   from   sale   of 
' '  island  other  than  sea  marsh  islands. ' ' 

4.  Sec.  S.  2957,  R,  S.— From  "Land  Grants"  other  than  the 
sixteenth  section. 

5.  Acts  39,  177,  '02.— From  sale  of  "Internal  Improvement" 
Swamp  Indemnity  Lands  and  Certificates. 

6.  Act  180  of  1902. 

7.  All  fines  and  forfeited  bonds. 

8.  See  Act  27,   '75. — Fine  for  violation  of  laws  relative  to 
inquests,  etc. 

9.  Recision  of  town  charters,  S.  6,  A.  173  of  1894. 

10.  Donations. 

11.  .Fees. 

12.  Inheritance  tax. 

13.  State  appropriation  for  high  and  agricultural  schools. 

14.  Special  school  tax. 

(Agriculture  and  Home  Economics  to  Be  Taught  in  Schools,  A.  306,  '10.) 

In  addition  to  the  branches  in  which  instruction  is  now  given 
in  the  public  schools  of  the  State  of  Louisiana,  instruction  shall 
also  be  given  in  all  the  elementary  and  secondary  schools -of  the 
State  in  the  principles  of  agriculture  or  horticulture  and  in 
home  and  farm  economy. 

(Spitting  on   Schcoihouse   Floor  Prohibited,  S.  1,  A.  91,  '03.) 

Any  person  who  shall  spit  upon  the  floor  or  walls  of  any 
passenger  car,  street  car,  depot  or  waiting  room,  courthouse, 
churchhouse,  schoolhouse,  or  any  other  public  building  whatever, 
shall  be  deemed  guilty  of  a  misdemeanor  and  on  conviction  shall 
be  fined  in  a  sum  not  less  than  Five  (5)  Dollars,  nor  more  than 
Twenty-five  ($25)  Dollars,  and  in  default  of  payment  of  fine 
and  costs,  shall  be  imprisoned  in  the  parish  jail  for  a  period 
not  exceeding  ten  days. 


m 

(Providing  that  the  Doors  of  School  Houses  Shall  Swing  Outwaro, 
A.  91,  '08.) 

Section  1.  All  doors  for  ingress  and  egress  to  public  school- 
houses,  churches,  courthouses,  assembly  rooms,  halls,  theatres, 
factories  with  more  than  twenty  employees  and  of  all  other 
buildings  of  public  resort  whatever,  where  people  are  wont  to 
assemble,  shall  be  so  swung  as  open  outwardly  from  the  audi- 
ence rooms,  classrooms,  halls,  or  workshops ;  but  such  doors 
may  be  hung  on  double-jointed  hinges,  so  as  to  open  with  equal 
ease  outwardly  or  inwardly. 

Section  2.  The  provisions  of  this  Act  shall  apply  to  all 
buildings  and  houses  within  its  terms,  erected  after  its  passage, 
from  the  date  it  becomes  in  force.  As  to  all  such  buildings  and 
houses  heretofore  erected,  said  provisions  shall  be  applied  from 
and  after  the  expiration  of  six  months  from  the  date  when  this 
Act  becomes  operative. 

Section  3.  The  president  of  the  parish  school  board,  the 
deacons,  the  stewards  or  managers  of  any  church,  the  presi- 
dent of  the  parish  police  jury,  or  the  owner  of  any  hall,  theatre, 
or  factory,  failing  to  comply  with  the  provisions  of  this  Act 
or  to  have  same  complied  with  as  relates  to  any  building  or 
buildings  under  the  control  of  the  bodies  over  which  they  pre- 
side or  of  which  they  are  a  member,  or  to  such  building  or  build- 
ings owned  by  them,  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  shall  be  fined  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars,  and  upon  failure  to  pay  such  fine  and  costs 
shall  be  imprisoned  in  the  parish  jail  for  a  period  not  exceeding 
ninety  (90)  days. 

Section  4.  Provided  that  this  Act  shall  not  apply  to  facto- 
ries, cotton  seed  oil  mills  and  other  like  establishments  where  the 
doors  for  the  purpose  of  protection  against  fire,  are  so  arranged 
as  to  slide  back  and  forth  on  rollers. 

(Exemptions   from    Jury    Duty,   S.   2,    A.   89,   '94.) 

The  following  persons  shall  be  exempted  from  serving  as 
jurors,  but  the  exemption  shall  be  personal  to  them,  and  when 
they  do  not  themselves  claim  the  exemption  it  shall  not  be  suf- 
ficient cause  for  challenging  any  person  exempt  under  the  pro- 
visions of  this  Act.  *  *  *  The  Governor,  Lieutenant  Gov- 
ernor, State  Auditor,  State  Treasurer,  Secretary  of  State,  Su- 


134 

perintendent  of  Public  Education,  their  clerks  and  employees, 
and  all  public  officers  commissioned  under  the  authority  of  the 
United  States.  *  *  professors  and  school  teachers  while 

employed  in  teaching    *    *    * 

(School    Libraries    Established,   A,  202,   '06.) 

Whenever  the  patrons  and  friends  of  any  individual  school 
or  grade  of  the  free  public  schools  in  which  a  library  has  not 
already  been  established  by  the  aid  of  the  parish  board  of  school 
directors,  shall  raise  by  private  subscription  or  otherwise  and  ten- 
der to  the  treasurer  of  the  parish  public  school  funds  for  the 
establishment  of  a  library  to  be  connected  with  such  school  or 
grade,  the  sum  of  ten  dollars,  and  the  parish  treasurer  has  so 
advised  the  secretary  of  the  parish  board  of  school  directors,  the 
said  board  at  its  next  quarterly  meeting  shall  appropriate  from 
the  public  school  funds  the  sum  of  ten  dollars  for  this  purpose, 
and  shall  appoint  the  teacher  in  charge  of  said  school  or  grade 
the  manager  of  such  libraries;  provided  further,  that  at  times 
other  than  during  the  school  term,  the  library-  shall  be  kept  in  a 
locked  case  provided  for  under  this  Act. 

(Duty   of    Parish    Treasurer  and    Secretary   of   School    Board.) 

Section  2.  That  as  soon  as  the  secretary  of  the  parish  board  of 
school  directors  shall  have  received  notice  from  the  treasurer  of 
the  parish  public  school  funds  (and  said  notice  should  be  served 
by  the  said  treasurer  within  five  days  after  receipt  of  same)  that 
a  donation  for  a  library  for  a  certain  school  or  grade  has  been 
made,  the  secretary  shall  inform  the  State  Superintendent  of 
Public  Education  of  the  fact,  whereupon  the  said  Superintendent 
shall  furnish  the  said  secretary  a  list  of  public  school  library 
books  and  prices  therefor,  said  books  and  prices  having  been 
approved  by  the  State  Board  of  Education. 

(Manner  of   Selecting    Books.) 

Section  3.  That  within  five  days  after  the  parish  board  of 
school  directors  shall  have  made  an  appropriation  for  a  library, 
the  president  and  secretary  of  the  board,  with  the  assistance  of 
the  teacher  in  charge  of  the  school  or  grade  for  which  the  appro- 
priation was  made,  shall  select  from  the  aforesaid  approved  list 
of  books  for  public  school  libraries  a  list  of  books  to  be  purchased 
for  the  said  library,  and  shall  submit  a  list  of  books  to  be  pur- 


135 

chased  to  the  secretary  of  the  board,  who  shall  order  the  books  at 
once,  and  payment  for  same  shall  be  made  by  warrant  upon  the 
treasurer  of  the  parish  public  school  funds  signed  by  the  presi- 
dent and  secretary  of  the  parish  board  of  school  directors. 

(Duty  of  School    Board  to   Furnish    Book  Case.) 

Upon  application  of  the  parish  superintendent,  the  parish 
board  of  school  directors  shall  furnish,  to  each  library,  at  the 
expense  of  the  public  school  funds,  a  neat  bookcase,  with  lock 
and  key. 

(Local    Manager   to   Observe    Rules   and    Regulations;     Report   to    State 
Superintendent.) 

The  local  manager  of  every  library  shall  carry  out  such  rules 
and  regulations  for  the  proper  use  and  preservation  of  the  books 
as  may  be  established  by  the  State  Superintendent  of  Public 
Education,  and  shall  on  or  before  the  tenth  day  of  January  of 
each  year  make  to  the  State  Superintendent  of  Public  Educaiion 
such  report  as  he  may  require. 

(Duty  of  School   Board   When   Second   Appropriation    Is  Made  After  One 
Year;     Subsequent   Appropriations    Limited    to    One    Per    Year.) 

Section  5.  When  the  patrons  and  friends  of  any  individual 
school  or  grade  of  the  public  school  in  which  a  library  has  been 
established  for  one  year  under  the  preceeding  sections  of  this 
Act,  shall  raise  by  private  subscription  or  otherwise  and  tender 
to  the  treasurer  of  the  parish  school  funds  the  sum  of  five  dol- 
lars for  the  enlargement  of  the  library,  the  parish  board  of 
school  directors  shall  appropriate  from  the  money  belonging  to 
that  school  or  grade  not  less  than  the  sum  of  five  dollars  nor 
more  than  fifteen  dollars.  The  money  thus  collected  and  appro- 
priated shall  be  used  for  the  enlargement  of  libraries  already 
established  under  the  same  rules  and  restrictions  as  govern  the 
establishment  of  new  libraries;  provided  that  no  more  than  one 
such  appropriation  shall  be  made  each  year  for  each  school 
or  grade. 

(Legal   Ownership  to   Remain   in   Parish  School    Board.) 

Section  6.  The  legal  possession  and  ownership  of  the  books, 
cases  and  other  appendages  of  the  school  or  grade  library,  shall 
be  and  remain  in  the  parish  board  of  school  directors  and  their 
successors  in  office,  and  that  the  felonious  destruction  or  taking 


136 

and  carrying  away  thereof,  or  any  part  thereof,  or  any  books, 
article,  apparatus  or  furniture  from  or  belonging  to  any  public 
school  house  owned  or  used  for  public  school  purposes  shall 
and  is  hereby  declared  to  be  larceny,  and  the  breaking  into  such 
schoolhouse  at  night  with  intent  to  commit  larceny,  as  herein  set 
forth,  or  any  felony,  shall  and  is  hereby  declared  to  be  burglary, 
and  that  any  larceny  or  burglary  so  committed  shall  be  punished 
as  in  other  cases  under  existing  statutes. 

(Object  of  the    Institution,   A.   145,  77.) 

The  Louisiana  State  University  and  Agricultural  and  Me- 
chanical College,  as  hereinafter  created,  shall  have  for  its  ob- 
ject to  become  an  institution  of  learning,  in  the  broadest  and 
highest  sense,  where  literature,  science  and  all  the  arts  may  be 
taught;  where  the  principles  of  truth  and  honor  may  be  estab- 
lished, and  a  noble  sense  of  personal  and  patriotic  and  religious 
duty  inculcated ;  in  fine,  to  fit  the  citizen  to  perform  justly  skill- 
fully, and  magnanimously  all  the  offices,  both  private  and  pm-  ic, 
of  peace  and  war. 

(General   Instruction,  A.  145,  77.) 

The  Louisiana  State  University  and  Agricultural  and  Me- 
chanical College,  as  hereinbefore  created,  shall  provide  general 
instruction  and  education  in  all  the  departments  of  literature, 
science,  art,  and  industrial  and  professional  pursuits;  and   i 
shall  provide  special  instruction  for  the  purpose  of  agricultur 
the  mechanic  arts,  mining,  military,  science  and  art,  civil  engi- 
neering, law,  medicine,  commerce  and  navigation. 

NOTE. — See  L.  S.  U.  Catalogue  for  degrees  conferred. 
(Branches  to   Be  Taught,  A.   145,  77.) 

There  shall  be  maintained  in  the  Louisiana  State  University 
and  Agricultural  and  Mechanical  College,  as  hereinbefore  con- 
stituted and  established. 

First — Schools  of  literature,  including  the  languages  of  the 
principal  nations  of  ancient  and  modern  times,  philosophy,  logic, 
rhetoric  and  elocution,  history,  ethics,  metaphysics  and  sucli 
other  and  special  branches  of  learning  as  the  board  of  super- 
visors may  determine. 


137 

Second — Schools  of  science,  including  mathematics,  astron- 
omy, engineering,  architecture,  drawing,  physics,  chemistry, 
botany,  zoology,  agriculture,  mechanics,  mining,  navigation  and 
commerce  and  such  other  special  branches  of  learning  as  the 
board  of  supervisors  may  determine. 

Third — Schools  of  the  useful  and  fine  arts,  and  of  military 
science  and  art. 

Fourth — Schools  of  medicine  and  law. 

Fifth — Such  other  schools  as  the  board  of  supervisors  may 
establish. 

(Affiliation    With    Any    Incorporated    Institution,   A.   145,   77.) 

The  board  of  supervisors  may  affiliate  with  the  Louisiana 
State  University  and  Agricultural  and  Mechanical  College  any 
incorporated  university  or  college,  or  school  of  medicine,  law 
or  other  special  course  of  instruction,  upon  such  terms  as  may 
be  deemed  expedient;  and  such  university,  college  or  school 
may  retain  the  control  of  its  own  property,  have  its  own  board 
of  trustees,  faculties  and  president  respectively;  and  the  stu- 
dents of  such  universities,  colleges  or  schools  recommended  by 
the  respective  faculties  thereof,  may  receive  from  the  Louisiana 
State  University  and  Agricultural  and  Mechanical  College  the 
degrees  of  those  universities,  colleges  or  schools,  and  the  said 
students  of  learning  or  special  schools,  thus  graduated,  shall 
rank  as  graduates  of  the  Louisiana  State  University  and  Agri- 
cultural and  Mechanical  College. 

(Beneficiary  Cadets.) 

Each  parish,  as  now  created,  or  that  may  hereafter  be  created 
in  the  State,  shall  have  the  right  to  delegate  to  the  Louisiana 
State  University  and  Agricultural  and  Mechanical  College  one 
beneficiary  cadet,  and  the  City  of  New  Orleans  shall  have  the 
right  to  delegate  to  said  institution  seventeen  beneficiary  cadets; 
or  one  from  each  ward  of  said  city,  said  beneficiaries  to  re- 
main at  said  institution  four  years,  unless  sooner  graduated 
or  otherwise  discharged;  provided,  that  no  beneficiary  cadet 
shall  be  permitted  to  resign  from  said  institution,  without  the 
consent  of  the  board  of  supervisors  thereof,  which  consent  shall 
be  given  only  in  case  of  urgent  necessity,  such  as  serious  and 
long  protracted  ill  health,  duly  declared  by  the  certificate  of 


138 

the  surgeon  of  said  institution,  or  other  competent  physician, 
be  of  such  a  nature  as  to  render  it  impossible  for  said  cadet  to 
pursue  his  studies  with  advantage. 

(Police  Juries  and  City  Councils  to  Elect  Beneficiaries.) 

The  police  jury  of  each  parish  and  the  city  council  of  New 
Orleans,  respectively,  may  at  a  regular  meeting  elect  the  num- 
ber of  beneficiary  cadets  to  which  said  parish  or  city  is  entitled 
as  aforesaid,  of  such  age  and  qualifications  as  may  be  prescribed 
by  the  board  of  supervisors  for  admission  to  the  college  classes 
of  said  University  and  Agricultural  and  Mechanical  College; 
and  shall  cause  the  beneficiary  so  selected  to  report  in  person 
at  said  institution  on  or  before  said  5th  day  of  October;  pro- 
vided, that  said  beneficiary  cadet  shall  be  selected  from  the 
number  of  those  residents  of  said  parish  or  of  said  city,  who 
have  not  themselves,  nor  their  parents,  the  means  of  defraying 
the  whole  of  their  necessary  expenses  and  maintenance  and 
support  of  said  institution,  which  facts  shall  be  duly  certified 
to  the  president  of  said  institution,  by  the  president  of  said  police 
jury,  or  said  city  council  of  New  Orleans,  as  true,  to  the  best 
of  his  knowledge  and  belief. 

(Authority   of   the    Police   Juries,   and    City    Council    of    New   Orleans   to 
Appropriate    Funds   for    Beneficiaries.) 

For  maintenance  and  board  of  said  beneficiaries  in  said  insti- 
tution, the  police  juries  of  the  several  parishes  and  the  city 
council  of  the  City  of  New  Orleans,  be  and  are  hereby  author- 
ized and  empowered  to  appropriate  out  of  their  respective  treas- 
uries, a  sufficient  sum  to  defray  the  necessary  expenses  of  said 
cadets  as  appointed  under  the  provisions  of  this  act;  provided, 
that  the  expense  of  no  cadet  shall  exceed  two  hundred  and  fifty 
dollars  ($250)  per  annum;  provided,  that  under  no  circum- 
stances shall  any  part  of  this  sum  be  paid  by  the  State. 

(Recognition  of  the  Degrees  Conferred,  A.  93,  '08.) 

That  all  diplomas  or  degrees,  whether  literary  or  scientific, 
academic  or  professional,  granted  by  the  Board  of  Supervisors 
of  the  Louisiana  State  University  and  Agricultural  and  Mechan- 
ical College  upon  the  recommendation  of  the  faculty  of  said  insti- 
tution shall  be  recognized  by  the  courts  and  other  officials  of 
Louisiana  as  entitling  the  graduates  holding  said  diplomas  or 


139 

degrees  to  the  same  rights,  immunities  and  privileges  in  the  State 
of  Louisiana  as  diplomas  or  degrees  of  any  other  institution 
of  learning  whatsoever. 

(Benefits  of  the  Carnegie   Fund  Allowed,  A.  219,  '08.) 

That  the  Board  of  Supervisors  of  the  Louisiana  State  Univer- 
sity and  Agricultural  and  Mechanical  College  is  hereby  author- 
ized to  accept  the  offer  of  the  Board  of  Trustees  of  the  Carnegie 
Foundation  to  admit  State  universities  to  the  benefits  of  the 
retiring  allowance  system  of  said  Foundation. 

(Authority  to  Charge  Tuition    Fees,   A.  227,  '08.) 

That  Section  1  of  Act  No.  152  of  1902,  entitled  "An  Act 
authorizing  the  Board  of  Supervisors  of  the  Louisiana  State 
University  and  Agricultural  and  Mechanical  College  to  deter- 
mine the  fees  of  students  or  cadets,"  shall  be  amended  and  re- 
enacted  so  as  to  read  as  follows : 

Section  1.  That  the  Board  of  Supervisors  of  the  Louisiana 
State  University  and  Agricultural  and  Mechanical  College  shall 
have  power  and  authority  to  determine  what  fees  and  other 
charges  shall  be  paid  by  students  or  cadets;  provided,  that  no 
fee  for  tuition  shall  be  charged  to  any  student  or  cadet  who  is 
a  bona  fide  resident  of  the  State  of  Louisiana  unless  said  student 
or  cadet  be  pursuing  a  special  graduate  or  professional  course 
of  study. 

(Establishing    a   Chair   of    Forestry,    A.   242,   '08.) 

That  it  is  hereby  made  the  duty  of  the  Board  of  Supervisors 
of  the  Louisiana  State  University  and  Agricultural  and  Mechan- 
ical College  at  Baton  Rouge,  La.,  to  establish  and  maintain  a 
Chair  of  Forestry  in  said  University  for  the  purpose  of  teaching 
the  care,  protection  and  conservation  of  the  forests  of  this  State. 

(Object;     to   Whom    Open,   S.    1,   A,  73,   '92.) 

(State  Normal  School,  Act  73,  '92;  A.  61,  '86;  A.  23,  '88; 
A.  70,  ?02;  A.  91,  '96;  A.  158,  '02;  A.  51,  '84.  See  Constitu- 
tion, '98.) 

The  State  Normal  School,  located  at  Natchitoches,  in  the  Par- 
ish of  Natchitoches,  in  conformity  with  Sections  4  and  8  of  Act 
No.  51  of  1884,  shall  have  for  its  object  to  train  teachers  for  the 
public  schools  of  Louisiana,  and  shall  be  open  to  white  persons 


140 

of  either  sex  or  age  and  qualifications  as  may  be  hereinafter 
prescribed. 

(Departments   and    Classes,   S.   6,   A.  73,   '92.) 

The  State  Normal  School  shall  contain  two  departments,  the 
Normal  Department  and  the  Practice  School.  The  course  of 
study  of  the  Normal  Department  may  extend  over  a  period  of 
four  years,  and  shall  embrace  thorough  instruction  and  training 
in  the  history  and  science  of  education,  the  theory  and  practice 
of  teaching,  the  organization  and  government  of  schools  and 
such  other  branches  of  knowledge  as  may  be  deemed  necessary  to 
fit  the  students  for  the  varied  work  of  a  complete  system  of  public 
schools.  The  Practice  School  shall  consist  of  such  grades  or 
classes,  with  such  course  of  study,  as  the  Board  of  Administra- 
tors may  deem  useful  in  giving  the  Normal  students  the  neces- 
sary practice  in  the  art  of  teaching. 

(Qualifications  for  Admission,  S.  7,  A.  73,  '92.) 

Applicants  for  admission  to  the  Normal  Department  must 
be  at  least  fifteen  years  of  age  if  female,  and  sixteen  years  of 
age  if  male ;  must  give  satisfactory  evidence  of  good  moral  char- 
acter and  of  requisite  proficiency  in  the  ordinary  branches  of  a 
good  common  school  education ;  and  must  declare  in  writing 
their  full  intention  of  continuing  in  the  school  until  graduation, 
unless  sooner  discharged,  and  of  teaching  in  the  public  schools 
of  Louisiana  for  at  least  one  year  after  graduation. 

(Tuition    Free,    Except   in    Some    Instances,   S.   8,   A.  73,   '92.) 

Tuition  shall  be  free  to  all  students  of  the  Normal  Depart- 
ment who  fulfill  all  the  requirements  imposed  by  Section  7  of 
this  Act,  and  to  the  pupils  of  the  primary  grades  of  the  Practice 
School.  All  other  students  shall  be  charged  such  fees  for  tuition 
as  may  be  prescribed  by  the  board  of  administrators. 

(Beneficiary  Students  to  State  Schools,  A.  158,  '02.) 

Each  police  jury  of  the  several  parishes  of  the  State  shall 
have  the  right  to  delegate  to  the  Louisiana  Industrial  Institute 
at  Ruston,  or  the  Southwestern  Louisiana  Industrial  Institute 
at  Lafayette,  or  the  State  Normal  School,  one  (1)  female  student, 
and  the  City  of  New  Orleans  shall  have  the  right  to  delegate 
to  said  institutions  one  female  student  from  each  ward  of  said 


141 

city,  said  beneficiaries  to  remain  at  said  institutions  until  grad- 
uated or  otherwise  discharged;  provided  no  beneficiary  shall  be 
permitted  to  resign  without  the  consent  of  the  board  of  super- 
visors of  the  institute,  which  consent  shall  be  given  only  in  case 
of  urgent  necessity,  such  as  serious  or  long  protracted  ill  health, 
duly  declared  by  certificate  of  the  physician  of  such  institute  or 
other  competent  physician,  to  be  of  such  nature  as  to  render  it 
impossible  for  said  student  to  pursue  her  studies  with  advantage. 

Section  2.  That  the  police  jury  of  each  parish  and  the  city 
council  of  New  Orleans,  respectively,  may  at  a  regular  meeting 
select  said  beneficiaries  subject  to  and  after  competitive  examina- 
tion and  of  such  age  and  qualifications  as  is  prescribed  by  the 
rules  of  such  institutions;  provided  said  beneficiaries  shall  be 
residents  of  such  parish  or  wards  who  have  not  themselves  nor 
have  their  parents  the  means  of  defraying  the  whole  of  the  neces- 
sary expenses  of  maintenance  and  support  at  said  institute, 
which  fact  shall  be  duly  certified  to  by  the  president  of  the  police 
jury  of  said  city. 

Section  3.  That  for  the  maintenance  and  board  of  said  bene- 
ficiaries at  said  institutes,  the  police  jury  of  the  several  parishes 
and  the  city  council  of  New  Orleans  be,  and  are  hereby,  author- 
ized and  empowered  to  appropriate  out  of  their  respective  treas- 
uries a  sufficient  sum  to  defray  the  necessary  expenses  of  said 
students  as  appointed  under  provisions  of  this  act;  provided 
the  expense  of  no  beneficiary  shall  exceed  two  hundred  and  fifty 
dollars  ($250)  per  annum. 

(State   Normal    School    Diplomas,   A.  91,  '96.) 

The  Board  of  Administrators  of  the  State  Normal  School  is 
hereby  empowered  to  confer  diplomas  upon  all  graduates  of 
said  school.  This  diploma  shall  entitle  the  holder  to  a  first  grade 
teacher's  certificate  without  examination,  and  shall  be  valid  in 
any  part  of  the  State  for  four  years  from  the  date  of  gradua- 
tion, after  the  expiration  of  which  time  it  may  be  renewed  every 
four  years,  for  the  same  period,  by  said  Board  of  Administrators 
upon  satisfactory  evidence  of  the  ability,  progress  and  moral 
character  of  the  teacher  making  application  for  such  renewal. 
Furthermore,  the  diploma  of  the  State  Normal  School  shall  en 
title  its  holder  to  such  degree  of  preference  in  the  selection  of 


142 

teachers  for  the  public  schools  of  the  State  as  may  be  deemed 
wise  and  expedient  by  the  State  Board  of  Education. 

(Industrial   College;     Object;     Location;     Privilege,  A.  63,  '94.) 

(Louisiana  Industrial  Institute,  Act  68,  '94 ;  A.  158,  '02. 
See  Constitution  '98. ) 

An  Industrial  Institute  and  College  is  hereby  established  for 
the  education  of  the  white  children  of  the  State  of  Louisiana  in 
the  arts  and  sciences.  Said  Institute  shall  be  known  as  "The 
Industrial  Institute  and  College  of  Louisiana,"  and  shall  be 
located  at  Huston,  Lincoln  Parish,  La.,  provided  said  town  and 
parish  shall  donate  ten  thousand  dollars  ($10,000)  to  said  Insti- 
tute, and  the  same  shall  be  organized  as  hereinafter  provided. 
(See  Constitution  '98.) 

(Branches  to   Be  Taught,  A,  68,  '94.) 

The  said  board  of  trustees  shall  possess  all  the  power  neces- 
sary and  proper  for  the  accomplishment  of  the  trust  reposed  in 
them,  viz :  The  establishment  of  a  first-class  Industrial  Institute 
and  College  for  the  education  of  the  white  children  of  Louisiana 
in  the  arts  and  sciences,  at  which  such  children  may  acquire  a 
thorough  academic  and  literary  education,  together  with  a 
knowledge  of  kindergarten  instruction,  of  telegraphy,  stenog- 
raphy and  photography,  of  drawing,  painting,  designing  and 
engraving  in  their  industrial  application ;  also  a  knowledge  of 
fancy,  practical  and  general  needle  work;  also  a  knowledge  of 
brokkeeping  and  agricultural  and  mechanical  arts,  together  with 
such  other  practical  industries  as  from  time  to  time  may  be 
suggested  to  them  by  experience,  or  such  as  will  tend  to  promote 
the  general  objects  of  said  Institute  and  College,  to-wit :  Fitting' 
and  preparing  such  children,  male  and  female,  for  the  practical 
industries  of  the  age. 

(Southwestern  Louisiana  Industrial  Institute,  A.  162..  '98; 
A.  158,  '02.) 

A  State  Industrial  Institute  is  hereby  established  for  the 
education  of  the  white  children  of  the  State  of  Louisiana  in 
the  arts  and  sciences. 

Said  Institute  shall  be  known  as  the  "Southwestern  Louisiana 
Industrial  Institute,"  and  shall  be  located  in  that  parish  of  the 
13th  Senatorial  District  which  will  offer  the  best  inducement 


143 

therefor  to  the  Board  of  Trustees,  said  location  to  be  made  by 
the  Board  to  be  appointed  under  this  Act,  provided  that  the 
parish  selected  for  the  location  of  said  Institution  shall  donate 
not  less  than  twenty-five  acres  of  land  and  five  thousand  dollars 
to  said  Institution,  and  the  same  shall  be  organized  as  herein- 
after provided;  provided  further,  that  in  case  two  or  more  of 
said  parishes  offer  the  same  inducements  then  the  Board  of 
Trustees  shall  select,  by  majority  vote,  the  most  suitable  loca- 
tion and  make  report  thereof  to  the  General  Assembly  of  the 
State  of  Louisiana,  at  its  next  session,  together  with  such  recom- 
mendations as  may  be  conducive  to  the  best  interests  of  said 
institution. 

(Branches  Taught,  Etc.) 

The  Board  of  Trustees  shall  possess  all  the  powers  necessary 
and  proper  for  the  accomplishment  of  the  trust  reposed  in  them, 
viz :  The  establishment  of  a  first-class  Industrial  Institute  for  the 
education  of  the  white  children  of  Louisiana  in  the  arts  and 
sciences,  at  which  such  children  may  acquire  a  thorough  academic 
and  literary  education,  together  with  a  knowledge  of  kinder 
garten  instruction,  of  telegraphy,  stenography  and  photography 
or  drawing,  painting,  designing  and  engraving  in  their  Jndu* 
trial  applications ;  also  a  knowledge  of  fancy,  practical  and  gen 
eral  needle-work;  also  a  knowledge  of  bookkeeping  and  agri- 
cultural and  mechanical  art,  together  with  such  other  practical 
industries  as  from  time  to  time  may  be  suggested  to  them  b.y 
experience,  or  such  as  will  tend  to  promote  the  general  object 
of  said  Institute,  to-wit:     Fitting  and  preparing  such  children, 
male  and  female,  for  practical  industries  of  life. 

(Louisiana  State  School  for  the  Blind,  A.  92,  71;  A.  49,  '88. 
A.  145,  '98,  amended  by  A.  238,  '08;  A.  166,  '98;  A.  196,  '02.) 

There  shall  be  established  and  maintained,  in  the  town  of 
Baton  Rouge,  an  institution  for  the  education  of  the  blind,  to  be 
known  as  the  "Louisiana  State  School  for  the  Blind." 

(Objects  of  the    Institution.) 

They  shall  receive,  instruct  and  support  in  the  Institution 
all  persons  blind,  or  of  such  defective  vision  as  not  to  be  able 
to  acquire  an  education  in  the  ordinary  schools,  between  th-d 
ages  of  seven  and  twenty-two  years,  of  sound  mind  and  proper 


144 

health  of  body,  and  residents  of  the  State.  Such  persons  shall 
receive  instructions  and  be  provided  with  board,  lodging,  medi- 
cine and  medical  attendance  at  the  expense  of  the  institution 
and  if  in  such  indigent  circumstances  as  to  render  it  necessary, 
shall  also  be  furnished  with  clothing  and  traveling  expenses  to 
and  from  the  Institution  upon  a  certificate  to  that  effect  from 
the  president  of  the  police  jury  of  the  parish,  or  the  mayor  of 
the  city  or  town,  in  which  they  reside. 

(How    Long    Pupils    May    Remain.) 

Persons  admitted  as  pupils  under  fourteen  years  of  age  may 
continue  in  the  institution  ten  years;  if  over  fourteen  and  under 
seventeen  years  of  age,  they  may  continue  eight  years;  and  if 
over  seventeen  years  of  age,  they  may  continue  five  years;  pro- 
vided the  board  may  in  any  case  extend  the  term  two  years. 

(Institution  for  the   Exclusive   Use  of  the   Deaf  and   Dumb.) 

(Louisiana  State  School  for  the  Deaf,  A.  88,  '71;  A.  166,  '98, 
amended  by  Act  239,  '08;  A.  196,  '02.  See  Constitution  '98.) 

The  institution  heretofore  known  as  the  Louisiana  Institution 
for  the  Deaf  and  Dumb  and  the  Blind,  located  at  Baton  Rouge, 
in  this  State,  be  and  the  same  is  hereby  reorganized  by  the  pro- 
visions of  this  act  for  the  exclusive  benefit  of  the  deaf  and  dumb. 

That  there  shall  be  established  and  maintained,  in  the  town  of 
Baton  Rouge,  an  institution  for  the  education  of  the  deaf  and 
dumb,  to  be  known  as  the  " Louisiana  State  School  for  the  Deaf." 

(Admission  of  Pupils,  A.  166,  '98.) 

They  shall  receive,  instruct  and  support  in  the  institution  all 
persons  deaf  and  dumb,  or  of  such  defective  speech  or  hearing  as 
not  to  be  able  to  acquire  an  education  in  the  ordinary  schools, 
between  the  ages  of  eight  and  twenty-two  years,  of  sound  mind 
and  proper  health  of  body,  and  residents  of  the  State.  Such 
persons  shall  receive  instruction  and  be  provided  with  board, 
lodging,  medicine  and  medical  attendance  at  the  expense  of  the 
institution,  and  if  in  such  indigent  circumstances  as  to  render 
it  necessary,  shall  also  be  furnished  with  clothing  and  traveling 
expenses  to  and  from  the  Institution,  upon  a  certificate  to  that 
effect  from  the  president  of  the  Police  Jury  of  the  parish,  or 
the  rnaycr  of  the  city,  or  town,  in  which  they  reside. 


145 

(Age  of  Admission,) 

The  persons  admitted  as  pupils  under  fourteen  years  of  age, 
may  continue  in  the  institution  ten  years;  if  over  fourteen  and 
under  seventeen  years  of  age,  they  may  continue  eight  years; 
if  over  seventeen  years  of  age,  they  may  continue  five  years; 
provided,  the  board  may  in  any  case  extend  the  term  two  years. 

(Branches  Taught.) 

The  institution  shall  provide  all  the  requisite  facilities  for 
acquiring  a  good  literary  education,  instruction  in  hygiene  and 
physical  culture  and  an  industrial  department  in  which  instruc- 
tion shall  be  given  in  such  trades  as  may  be,  best  suited  to  render 
the  pupils  self-sustaining  citizens. 

DECISIONS    OF    SUPREME    COURT. 

(School    Boards    Not    Required   to   Apportion    School    Funds.) 

The  repeal  (of  Sec.  7,  Act  81  of  1888,  providing  for  the  ap- 
portionment of  school  funds)  is  express,  because  Act  21*  of 
1902  repeals  all  laws  in  conflict;  and  this  provision  for  appor- 
tionment is  in  conflict  with  the  provisions  making  it  obligatory 
upon  the  School  Boards  to  "determine  the  number  of  schools 
to  be  opened,  the  location  of  the  schoolhouses,  the  number  of 
teachers  to  be  employed,  and  their  salaries."  The  latter  pro- 
vision invests  the  School  Board  with  absolute  discretion  in  the 
matter  of  what  number  of  schools  there  shall  be,  and  what 
number  of  teachers  and  what  their  salaries  shall  be.  For  the 
exercise  of  this  discretion,  a  discretionary  control  of  the  school 
funds  is  absolutely  necessary;  because  schools  cannot  be  estab- 
lished and  maintained  without  funds.  Discretionary  control  of 
the  one,  necessarily  carries  with  it  discretionary  control  of  the 
other.  (State  ex  rel.  J.  W.  Martin  et  al  vs.  Webster  Parish 
School  Board.  May  23,  1910.) 

(Discipline.) 

Moderate  restraint  and  correction  of  a  pupil  by  a  teacher  is 
not  an  offense,  but  is  authorized  by  law,  and  the  authority  of 
the  teacher  is  not  limited  to  the  time  the  pupil  is  at  the  school- 
room or  under  the  actual  control  of  the  teacher.  (Bolding  vs. 
Texas,  4  S.  W.,  579.) 


146 

"The  teacher  is  loco  parentis,  and  authority  is  necessarily 
surrendered  to  him  for  proper  government  of  the  school."  (Mor- 
row vs.  Wood,  American  Law  Register,  N.  S.  X.  3,  692.) 

Relative  to  punishment,  the  calm  and  honest  judgment  of  the 
teacher,  as  to  the  requirement,  should  have  great  weight  in  mat- 
ters of  discipline  as  in  the  case  of  a  parent  under  similar  circum- 
stances. (American  Law  Register,  Van  Vacter  vs.  State;  July 
number,  1888.  Discipline  in  School.) 

It  is  the  duty  of  a  teacher  to  maintain  proper  discipline  in 
school,  and  the  extent  of  his  authority  in  that  direction  is  dis- 
cussed. (Law  Register,  N.  S.  Vol.  XIII,  p.  716.) 

(District  Attorneys  Not  Entitled  to  20  Per  Cent  Commission  on   Fines.) 

Syllabus :  Whilst  it  is  well  settled  that  repeals  by  implication 
are  not  favored,  it  is  equally  well  settled  that,  in  determining 
whether  one  law  conflicts  with  another,  it  is  necessary  to  con 
sider  the  purposes  of  both,  and  if  it  appears  that  the  purpose  of 
the  law  last  enacted  is  to  cover  the  whole  subject  matter  dealt 
with  by  and  to  modify  or  supercede  those  previously  enacted, 
their  modification  or  supercession  results  and  must  be  declared. 

2.  The  purpose  of  Act  No.  96  of  1880  was  to  deal  with  the 
whole  subject  of  the  duties  and  compensation  of  district  attor- 
neys, and  whilst  there  may  have  been  some  provisions  of  the 
then  existing  law  which  escaped  its  operation,  it  so  modified  and 
superceded  that  law  as  to  preclude  any  recovery  by  the  district 
attorneys  of  the  one-fifth  part  of  the  fines  imposed,  after  deduct- 
ing the  commission  of  the  sheriff,  in  addition  to  the  fee  provided 
by  Section  3  of  said  act. 

3.  Articles  125  and  180  of  the  Constitution,  whether  taken 
separately  or  together,  are  not  susceptible  of  the  construction 
that  they  intend  to  allow  district  attorneys  to  collect  commis- 
sions, as  contradistinguished  from  fee,  or  fees,  save  as  provided 
for  by  the  Constitution  itself. 

It  is  therefore  ordered,  adjudged  and  decreed,  that  the  judg- 
ment of  the  Court  of  Appeal  which  is  here  made  the  subject  of 
review  be  annulled;  that  the  judgment  of  the  District  Cour' 
which  was  thereby  affirmed,  be  likewise  annulled,  avoided  and 
reversed,  and  that  relator's  demand  be  rejected  and  this  pro- 
ceeding dismissed  at  his  cost.  (State  ex  rel.  Edwin  Broussard, 
District  Attorney,  vs,  George  Henderson,  Sheriff,  120  Ann-  -535.) 


147 

(Taxes  Collected  for  School    Purposes   Must   Be  Turned   Over  to  School 
Board.) 

Taxes  collected  for  school  purposes  should  be  turned  over  to 
the  school  board  from  time  to  time  as  received.  (Parish  Board 
of  School  Directors  of  Iberia  Parish  vs.  Police  Jury  of  Iberia 
Parish,  123d  Ann.,  416.) 

(Property    Exempt   from    Taxation    by   Constitution    Also    Exempt    From 
Special   School   Tax.) 

The  special  school  tax  authorized  by  Constitution  Art.  232, 
is  not  a  special  assessment,  and  property  exempt  from  taxation 
by  the  Constitution  is  not  subject  to  it.  (Louisiana  &  N.  W. 
R.  R.  Co.  vs.  State  Board  of  Appraisers,  120th  Ann.,  471.) 

(Members  of   Partnership    Entitled  to   Vote   Upon    Firm's  Assessment   in 
Special   Tax   Elections.) 

Individual  members  of  a  partnership  held  entitled  to  vote 
upon  the  firm's  assessment  in  a  special  tax  election  held  under 
Constitution  Art.  232.  (Smith  vs.  Parish  Board  of  School  Di- 
rectors, 125th  Ann.,  987.) 

(Persons    Not    Entitled   to   Vote   Upon   Assessment   of   Property   Sold.) 

A  person  appearing  as  owner  of  property  on  the  assessment 
rolls,  but  who  has  sold  it  when  an  election  was  held  under  Con- 
stitution Art.  232,  held  not  entitled  to  vote  thereat.  (Smith  vs. 
Parish  Board  of  School  Directors,  125th  Ann.,  987.) 

(Special  Tax   Not  Set  Aside  by   Legal  Votes  Cast  Without   Proper  Evi- 
dence.) 

A  special  tax  election  under  Constitution  Art.  232,  held  not 
to  be  set  aside  because  the  commissioner  of  election  received  votes 
without  proper  evidence,  where  such  votes  were  legal.  (Smith 
vs.  Parish  Board  of  School  Dirctors,  125th  Ann.,  987.) 

(Right   of   Widows  to  Vote   Community   Property.) 

To  entitle  widows  to  vote  at  a  special  tax  election  held  under 
Constitution  Art.  232,  as  owners  of  community  property,  their 
rights  must  clearly  appear  by  judgment  or  order  of  court. 
(Smith  vs.  Parish  Board  of  School  Directors,  125th  Ann.,  987.) 

(School    Houses,  as  Such,   Built   by    Means  of  Special   Tax,  Can    Not   Be 
Converted    Into    Theatre.) 

Citizens  who  have  voted  to  tax  themselves  for  a  specific  work 
of  public  improvement,  the  value  of  which  is  fixed  at  $20,000, 


148 

have  a  standing  in  court  to  complain  that  the  property  acquired 
is  not  being  used  for  the  purpose  contemplated,  and  this  court, 
in  such  case,  has  jurisdiction  of  the  appeal.  Where  a  vote  has 
been  taken  upon  a  proposition  to  impose  a  tax  to  build  a  school- 
house,  and  has  been  favorably  acted  on,  and  a  building  has  been 
constructed  with  the  proceeds  of  bonds  predicated  upon  such  ;: 
tax,  it  would  be  a  breach  of  faith  to  allow  such  building  to  be 
converted  into  a  theatre,  or  to  be  used  for  the  purpose  of  giving 
theatrical  performances,  as  a  business,  whether  in  eombinatic 
with  its  use  for  school  purposes  or  otherwise.  It  is,  however, 
within  the  discretion  of  the  municipal  authorities  having  control 
of  the  property  to  make  such  casual  and  incidental  use  of  it  as 
may  not  be  inconsistent  with  or  prejudicial  to,  the  main  purpose 
for  which  it  was  acquired;  and  changed  conditions,  in  the  future, 
may  justify  its  use  for  some  other  purpose.  (Sugar  vs.  City  of 
Monroe,  108th  Ann.,  677.) 

SANITARY  REGULATIONS  OF  THE  LOUISIANA  STATE 

BOARD    OF    HEALTH,    CONCERNING   HYGIENE 

AND  SANITATION  OF  SCHOOLS. 

SANITARY  CODE,  STATE  OF  LOUISIANA,  SECTION  250. 

NOTE. — By  Act  192  of  1898  the  State  Board  of  Health  is  authorized  to 
enact  regulations  which  are  binding  upon  the  public. 

(Parish    Board  and   Superintendent  to    Enforce   Rules  and    Regulations.) 

The  parish  or  municipal  school  board,  and  the  parish  super- 
intendent of  schools,  shall  be  held  responsible  for  the  execution 
and  enforcement  of  the  following  rules  and  regulations,  and  all 
other  health  laws  governing  the  hygiene  of  the  schoolroom  and  the 
premises  of  the  schools  under  their  respective  jurisdictions. 

(Plans  for  Schoolhouses  to  Be  Submitted  to  State  Superintendent,  Par- 
ish   Superintendent   and    Parish    Health    Officer.) 

Plans  and  specifications  for  every  schoolhouse  hereafter 
erected  in  the  State  must  be  submitted  to  the  parish  superin- 
tendent of  schools,  and  to  the  State  Superintendent  of  Educa- 
tion, and  also  to  the  parish  health  officer,  that  it  may  be  deter- 
mined whether  every  hygienic  or  necessary  provision  is  made, 
especially  with  reference  to  ventilation,  light  and  protection 
against  fire. 


149 

(Regulating  Ventilation  and    Light.) 

Every  schoolhouse,  public  or  private,  or  other  building  used 
for  school  purposes,  shall  be  ventilated  in  such  manner  as  to 
afford  eighteen  hundred  cubic  feet  of  air  per  hour  for  each 
adult,  and  a  proportionate  amount  for  each  child,  and  shall 
contain  not  less  than  two  hundred  cubic  feet  of  air  space  for 
each  child  to  be  taught  therein.  Windows  and  transoms  shall 
be  so  constructed  that  windows  may  be  lowered  from  the  top 
and  transoms  opened.  Every  schoolhouse  must  be  lighted  in 
such  a  manner  as  to  minimize  the  eye  strain.  Each  room  must 
contain  of  actual  surface  of  glass  in  the  windows  not  less  than 
one-seventh  of  the  floor  space. 

(Regulating   the    Swinging    of    Doors.) 

All  doors  except  those  which  slide  into  wall  pockets  shall 
open  outward  and  all  partition  doors  shall  be  hung  on  double- 
action  hinges. 

(Governing  the  Treatment  and  Sweeping  of  Floors  and   Wiping  of  Fur- 
niture,  Etc.) 

The  floors  of  every  school  must  be  treated  with  some  antiseptic 
floor  dressing.  Applications  to  be  at  sufficiently  frequent  inter- 
vals to  keep  down  effectually  the  dust;  floors  to  be  scrubbed 
thoroughly  before  each  application.  Floor  dressing  for  use  in 
the  schools  must  be  approved  by  the  State  analyst. 

The  floors  of  every  school  must  be  swept  daily,  sweeping  to 
be  done  after  all  pupils  have  left  the  building.  All  windows 
must  be  thrown  open  and  schoolhouse  thoroughly  aired  after 
cleaning. 

All  desks,  wainscoting,  window  sills  and  baseboards  in  every 
schoolhouse  in  the  State  must  be  wiped  off  daily  with  a  cloth 
moistened  with  1-2000  bichloride  of  .mercury,  or  3  per  cent  car- 
bolic acid  solution. 

(Spitting    on    Floors    Strictly    Prohibited.) 

Spitting  on  floors,  walls,  etc.,  must  be  strictly  prohibited  and 
anti-spitting  placards  placed  in  every  room. 

(Teachers    Must    Furnish    Health   Certificates.) 

No  person  suffering  from  any  communicable  disease  shall  be 
employed  as  teacher  or  janitor  in  any  public  school  in  this  State. 
At  the  opening  of  each  annual  term  teachers  must  furnish  a 


150 

health  certificate  from  a  registered  physician,  addressed  to  the 
parish  superintendent  of  schools,  certifying  that  they  are  not 
suffering  from  tuberculosis  or  other  communicable  disease. 

(Vaccination    Required    of    Pupils.) 

No  one  shall  be  entered  as  a  pupil  in  the  public  schools  of 
this  State  without  first  having  presented  to  the  principal  in 
charge  a  certificate  from  a  registered  physician  of  Louisiana, 
certifying  that  within  the  preceding  five  years  the  applicant 
was  successfully  vaccinated. 

Three  unsuccessful  attempts  at  vaccination  with  a  proven 
virus  shall  be  accepted  as  an  immunity  for  a  period  of  one  ye^r. 

Pupils  are  required,  at  the  end  of  each  five  years,  to  renew 
their  vaccination  certificates. 

(Pupils    Suffering   with    Communicable    Diseases   to    Be    Excluded.) 

No  pupil  suffering  from  any  communicable  disease  shall  be 
permitted  to  attend  the  public  schools  of  this  State.  The  prin- 
cipal or  the  teacher  has  the  right  to  exclude  any  child  from  the 
schools  whom  they  suspect  of  suffering  from  any  communicable 
disease,  pending  examination  and  report  of  a  registered  physi- 
cian. 

(School    Houses   to    Be    Disinfected.) 

All  schoolrooms  in  the  State  must  be  disinfected  before  the 
beginning  of  each  school  session,  with  the  formaldehyde-perman- 
ganate of  potash  mixture  as  indicated  in  the  bulletin  of  dis- 
infection. 

(On   Appearance  of   Communicable   Diesases,   Schools    Must    Be   Closed.) 

On  the  appearance  in  a  school  of  any  communicable  disease, 
either  among  the  pupils,  teachers  or  attendants,  the  school  shall 
be  closed  immediately  and  fumigated  before  reopening. 

(School    Premises  Shall    Be   Drained.) 

The  school  premises  shall  be  thoroughly  drained  and  no 
stagnant  water  permitted  to  collect.  In  towns  with  a  drainage 
system  or  where  an  outflow  is  possible,  the  school  site  and  the 
entire  area  of  the  ground  shall  be  properly  drained,  so  as  to 
reduce  the  ground  water  level,  and  the  drainage  effected  in 
such  a  manner  as  not  to  contaminate  with  its  effluvia  any  well, 
cistern  or  other  source  of  drinking  water. 


151 

(Abundant  Supply  of  Pure   Drinking    Water.) 

Every  school  must  be  supplied  with  an  abundance  of  pure 
drinking  water  for  drinking  purposes.     Where  water  is  used 
from  surface  wells,  said  wells  must  be  located  at  least  100  fee 
from  any  closet. 

(Open    Receptacles  for  Water  and   Common   Cups   Prohibited.) 

The  use  of  open  receptacles  for  drinking  water  in  schools, 
arid  also  of  dippers  or  cups  for  common  drinking  purposes,  h 
prohibited.  The  school  authorities  must  supply  for  holdin^ 
drinking  water  covered  containers  with  faucets,  which  contain- 
ers must  be  scoured  daily  when  in  use.  All  teachers  and  pupil 
must  provide  themselves  with  individual  drinking  cups  or  glasses. 
In  towns  or  cities  where  there  is  a  public  water  supply  a  sanitary 
drinking  fountain  shall  be  installed. 

(Garbage    Can    Required;     Emptied    Daily.) 

Every  school  in  this  State  must  have  a  sufficient  number  of 
trash  or  garbage  cans  for  the  convenience  of  the  pupils,  teachers 
and  employees,  and  said  trash  or  garbage  cans  must  be  kept 
closed,  and  emptied  daily. 

(Stiles    Sanitary    Closet    Compulsory.) 

The  urinals  and  water  closets  must  be  connected  with  the 
sewerage  system,  where  one  exists,  when  within  1,000  feet  there- 
from. Where  no  sewerage  system  exists,  all  schools  must  have 
a  Stiles  sanitary  closet  (plans  and  specifications  will  be  furnished 
by  the  State  Board  of  Health  upon  request),  cesspool  or  septic 
tank.  Where  the  Stiles  sanitary  closet  is  used  the  inner  surface 
of  the  container  must  be  treated  with  crude  petroleum  at  least 
once  a  week.  All  closets  must  be  scrubbed  once  a  week  and  ke} 
in  a  sanitary  condition  at  all  times. 

(Lectures  for   State    Institutions   and    Teachers'    Institutes.) 

The  State  Board  of  Health,  will  when  desired  by  the  State 
institutions  of  learning,  or  the  State  pedagogical  institutes,  or 
the  agricultural  institutes,  send  a  lecturer  to  deliver  a  series 
of  lectures  on: 

1.  Personal  hygiene. 

2.  School  hygiene. 

3.  Principles  and  practice  of  physical  training. 

4.  Drug  and  alcohol  addictions. 


152 

5.  Contagious  and  infectious  diseases;  cause  and  prevention. 

6.  Hygiene  of  the  home  and  farm. 

(Parish    Superintendents'    Monthly    Report   to   State    Board    of    Health.) 

The  principal  of  each  school  in  the  State,  except  in  cities 
where  there  is  employed  a  regular  medical  inspector,  shall  ma£e 
a  monthly  report  to  the  parish  superintendent  of  schools  on  the 
sanitary  condition  of  the  school  building  and  surroundings,  also 
the  physical  condition  of  the  school  children.  Blank  reports  for 
this  purpose  will  be  furnished  by  the  Louisiana  State  Board  of 
Health.  Parish  superintendents  of  schools  shall  forward  these 
reports  to  the  Louisiana  State  Board  of  Health  within  ten  days 
after  their  receipt  by  him. 


Appropriations  For  Public  School  Purposes 

OUT  OF   THE   CURRENT   SCHOOL  FUND. 

1-V.-  the  support  of  the  free  public  schools,  or  so  much 
thereof,  or  any  excess  thereof,  as  may  be  collected  from 
Ptate  taxes  levied  for  that  purpose,  from  inheritance 
taxes,  cr  donated  to  the  school  fund,  for  the  year  end- 
ing June  30th,  1915,  One  Million  Dollars $1,000,000.00 

For  the  year  ending  June  30th,  1916,  One  Million  Dol- 
lars  $1,000,000.00 

OUT    OF    THE    CURRENT    SCHOOL    FUNDS. 

Salary  of  State  Superintendent  of  Public  Education, 
for  year  ending  June  30th,  1915,  Five  Thousand  Dol- 
lars   $5,000.00 

For  year  ending  June  30th,  1916,  Five  Thousand  Dol- 
lars   $5,000.00 

Office  expenses  of  State  Superintendent  of  Public  Edu- 
cation, for  year  ending  June  30th,  1915,  Three  Thou- 
sand Dollars $3,000.00 

For  year  ending  June  30th,  1916,  Three  Thousand  Dol- 
lars  $3,OOO.Uu 

Traveling  expenses  of  State  Superintendent  and  Four 
Inspectors,  for  the  year  ending  June  30th,  1915, 
Three  Thousand  Two  Hundred  Dollars $3,200.00 


153 

For  the  year  ending  June  30th,  1916,  Three  Thousand 

Two  Hundred  Dollars $3,200.00 

Salary  of  Chief  Clerk  in  the  office  of  the  Department 
of  Education,  for  year  ending  June  30th,  1915,  One 
Thousand  Eight  Hundred  Dollars $1,800.00 

For  year  ending  June  30th,  1916,  One  Thousand  Eight 

Hundred  Dollars $1,800.00 

Salary  of  Assistant  Clerk  in  the  office  of  the  Depart- 
ment of  Education,  for  year  ending  June  30th,  1915, 
One  Thousand  Five  Hundred  Dollars $1,500.00 

For  year  ending  June  30th,  1916,  One  Thousand  Five 

Hundred  Dollars   $1,500.00 

Per  diem  and  traveling  expenses  of  the  members  of  the 
State  Board  of  Education,  for  year  ending  June 
30th,  1915,  Eight  Hundred  Dollars $  800.00 

For  the  year  ending  June  30th,  1916,  Eight  Hundred 
Dollars  $  800.00 

Salary  of  High  School  Inspector,  for  year  ending  June 

30th,  1915,  Three  Thousand  Dollars $3,000.00 

For  year  ending  June  30th,  1916,  Three  Thousand  Dol- 
lars   $3,000.00 

Salary  of  Rural  School  Inspector,  for  year  ending  June 

30th,  1915,  Three  Thousand  Dollars $3,000.00 

For  year  ending  June  30th,  1916,  Three  Thousand  Dol- 
lars   $3,000.00 

Salary  of  one  assistant  rural  school  inspector,  for  year 
ending  June  30th,  1915,  Two  Thousand  Dollars $2,000.00 

For  year  ending  June  30th,  1916,  Two  Thousand  Dol- 
lars   $2,000.00 

For  support  of  Summer  Schools,  for  year  ending  June 

30th,  1915,  Four  Thousand  Five  Hundred  Dollars.  .$4,500.00 

For  year  ending  June  30th,  1916,  Three  Thousand,  Five 

Hundred  Dollars $3,500.00 

To  nj»v  ^t.^te  High  School  Inspector  for  services  ren- 
dered th-  Stare,  from  Feb.  1,  1913,  to  August  8,  1913, 
and  for  traveling  expenses  actually  incurred,  out  of 
the  revenues  of  1914,  One  Thousand  Four  Hundred 
and  Ninety-One  Dollars  and  Twenty-Five  Cents $1,491.25 


154 


OUT    OF    GENERAL    FUNDS. 

Support  of  High  Schools  for  year  ending  June  30th, 

1915,  Fifty  Thousand  Dollars $50,000.00 

For  year  ending  June  30th,  1916,  Fifty  Thousand  Dol- 
lars   $50,000.00 

For  Domestic  Science  and  Agriculture  for  year  ending 

June  30th,  1915,  Seventy-Five  Thousand  Dollars. .  .$75,000.00 

For  year  ending  June  30th,  1916,  Seventy-Five  Thou- 
sand Dollars $75,000.00 

To  aid  consolidation  of  country  schools  for  year  ending 
June  30th,  1915,  Twenty-Five  Thousand  Dollars $25,000.00 

For  year  ending  June  30th,  1916,  Twenty-Five  Thou- 
sand Dollars  $25,000.00 

For  support  of  vocational  school,  Parish  of  Orleans, 
for  the  year  ending  June  30,  1915,  Ten  Thousand 
Dollars $10,000.00 

For  the  year  ending  June  30,  1916,  Ten  Thousand  Dol- 
lars   $10,000.00 

OUT  OF  THE  INTEREST  TAX  FUND. 

For  payment  of  tho  interest  on  the  Free  School  Fund, 
Article  324  of  the  Constitution  of  1913,  for  the  year 

1914,  out  of  the  revenues  of  1914,  Forty-Five  Thous- 
and Two  Hundred  and  Thirty-Four  Dollars  and  Sev- 
enty Cents $45,234.70 

For  the  year  1915,  out  of  the  revenues  of  1915,  Forty- 
Five  Thousand  Two  Hundred  and  Thirty-Four  Dol- 
lars and  Seven*,  y  Cents $45,234.70 

For  payment  of  interest  on  the  Seminary  Fund,  Article 
324  of  the  Constitution  of  1913,  for  the  year  ending 
June  30th,  1915,  Five  Thousand  Four  Hundred  and 
Forty  Dollars $5,440.00 

For  the  year  ending  June  30th,  1916,  Five  Thousand 

Four  Hundred  and  Forty  Dollars $5,440.00 

For  payment  of  the  interest  on  the  Fund  due  the  Agri- 
cultural and  Mechanical  College,  Article  324  of  the 
Constitution  of  1913,  for  the  year  ending  June  30th, 

1915,  Nine  Thousand  One  Hundred  and  Fifteen  Dol- 
lars and  Sixty-Nine  Cents $9,115.69 


155 

For  the  year  ending  June  30th,  1916,  Nine  Thousand 
One  Hundred  and  Fifteen  Dollars  and  Sixty-Nine 
Cents  $9,115.69 

LOUISIANA    INSTITUTE    FOR    THE    BLIND. 

For  support  of  the  Louisiana  Institute  for  the  Blind, 
for  the  year  ending  June  30th,  1915,  Fifteen  Thou- 
sand Dollars $15,000.00 

For  the  year  ending  June  30th,  1916,  Fifteen  Thou- 
sand Dollars  $15,000.00 

For  general  repairs,  Institute  for  the  Blind,  for  the 
year  ending  June  30th,  1915,  Two  Thousand  Dol- 
lars   „ $2,000.00 

For  the  year  ending  June  30th,  1916,  T\ro  Thousand 
Dollars  $2,000.00 

For  insurance,  Institute  for  the  Blind,  out  of  the  reve- 
nues of  1914,  Five  Hundred  Dollars $  500.00 

For  heating  plant,  Institute  for  the  Blind,  for  the  year 

ending  June  30th,  1915,  Two  Thousand  Dollars $2,000.00 

For  tVe  veir  ending  June  30th,  1916,  T^o  Thousand 
Dollars $2,000.00 

For  library,  Institute  for  the  Blind,  for  the  year  end- 
ing June  30th,  1915,  Five  Hundred  Dollars $  500.00 

For  the  year  ending  June  30th,  1916  Five  Hundred 
Dollars  $  500.00 

For  oculist,  sanitarium  and  nurses,  for  the  year  end- 
ing June  30th,  1915,  Five  Hundred  Dollars $    500.00 

For  the  year  ending  June  30th,  1916,  Five  Hundred 
Dollars  . . .  , $  500.00 

LOUISIANA  SCHOOL  FOR  THE  DEAF. 

For  the  support  of  the  Louisiana  School  for  the  Deaf, 
for  the  year  ending  June  30th,  1915,  Thirty  Thousand 
Dollars  $30,000.00 

For  the  year  ending  Juno  30th,  1916,  Thirty  Thousand 
Dollars  $30,000.00 

For  general  repairs  Louisiana  School  for  the  Deaf,  for 
the  year  ending  June  30th,  1915,  Five  Hundred 
Dollars  .  $  500.00 


156 

For  the  year  ending  Juno  30th,  1916,  Five  Hundred 
Dollars  $  500.00 

For  Insurance  Louisiana  School  for  the  Deaf,  out  of 

the  revenues  of  1915,  One  Thousand  Dollars $1,000.00 

For  elevator  and  special  repairs  to  gallery,  etc.,  out  of 

the  revenues  of  1914,  Six  Thousand  Dollars $6,000.00 

For  industrial  equipment  Louisiana  Institute  for  the 
Deaf,  for  the  year  ending  June  30th,  1915,  Seven 
Hundred  and  Fifty  Dollars $  750.00 

For  the  year  ending  June  30th,  1916,  Two  Hundred  and 

Fifty  Dollars $  250.00 

For  Household  Equipment,  Louisiana  School  for  the 
Deaf,  for  the  year  ending  June  30th,  1915,  Five  Hun- 
dred Dollars  $  500.00 

For  the  year  ending  Juno  30th,  1916,  Two  Hundred 

and  Fifty  Dollars  $  250.00 

For  Books,  Louisiana  School  for  Deaf,  for  the  year  end- 
ing June  30th,  1915,  T\vc  Hundred  Dollars $  200.00 

For  the  year  ending  June  30th,  1916,  Two  Hundred 
Dollars  $  200.00 

For  Dentistry,  Louisiana  School  for  Deaf,  for  the  year 
ending  June  30th,  1915,  Two  Hundred  and  Fifty 
Dollars $  250.00 

For  the  year  ending  June  30th,  1916,  Two  Hundred  and 

Fifty  Dollars  $  250.00 

For  Clothing,  Louisiana  School  for  the  Deaf,  for  the 
year  ending  June  30th,  1915,  Two  Hundred  and 
Fifty  Dollars $  250.00 

For  the  year  ending  June  30th,  1916,  Two  Hundred  and 

Fifty  Dollars $  250.00 

LOUISIANA   STATE   UNIVERSITY    AND   A.   AND   M.    COLLEGE. 

For  support  of  the  Louisiana  State  University  and 
Agricultural  and  Mechanical  College ;  for  the  main- 
tenance and  equipment  of  its  Libraries,  Laboratories 
and  Shops;  for  insurance  on  buildings  and  contents, 
and  for  repairs,  improvements  and  additions,  for  the 
year  ending  June  30th,  1915,  One  Hundred  Thou- 
sand Dollars  .  ..$100,000.00 


157 

For  the  year  ending  June  30th,  1916,  One  Hundred 

Thousand    Dollars $100,000.00 

For  Agricultural  teaching,  equipment,  out  of  the  reve- 
nues of  1914,  Fifteen  Thousand  Dollars $15,000.00 

For  Agricultural  teaching,  equipment,  etc.,  out  of  the 

revenues  of  1915,  Fifteen  Thousand  Dollars $15,000.00 

For  agricultural  extension  work,  etc.,  out  of  the  reve- 
nues of  1915,  Fourteen  Thousand  and  Ninety  Four 

Dollars  $14,094.00 

To  meet  the  requirements  of  the  Smith-Lever  Bill  re- 
cently passed  by  Congress. 

STATE  NORMAL  SCHOOL. 

For  support,  maintenance,  addition  to  buildings, 
equipment,  repairs,  insurance,  etc.,  State  Normal 
School,  f>-r  tVe  v ••;!!•  Hiding  June  30th,  1915,  Seventy- 
Five  Thousand  Dollars  $75,000.00 

For  the  year  ending  June  30th,  1916,  Seventy-Five 

Thousand  Dollars $75,000.00 

For  Water  Supply  and  Equipment,  out  of  the  revenues 

of  1915,  Eight  Thousand  Dollars $8,000.00 

LOUISIANA  INDUSTRIAL  INSTITUTE. 

(At  Huston.) 

For  support,  maintenance,  erection  of  new  buildings, 
equipment,  repairs,  insurance,  etc.,  Louisiana  Indus- 
trial Institute  at  Huston,  for  the  year  ending  June 
30th,  1915,  Sixty-Five  Thousand  Dollars $65,000.00 

For  the  year  ending  June  30th,  1916,  Sixty-Five  Thou- 
sand Dollars $65,000.00 

SOUTHWESTERN  LOUISIANA  INDUSTRIAL  INSTITUTE. 

(At  Lafayette.) 

For  support,  maintenance,  equipment,  improvements 
repairs,  insurance,  Summer  Schools,  etc.,  South- 
western Louisiana  Industrial  Institute,  for  the  year 
ending  June  30th,  1915,  Forty-Five  Thousand  Dol- 
lars   $45,000.00 

For  the  year  ending  June  30th,  1916,  Forty-Five  Thou- 
sand Dollars  .  $45,000.00 


158 


STATE  REFORM  SCHOOL. 

For  support  and  maintenance  State  Reform  School, 
for  the  year  ending  June  30th,  1915,  Three  Thousand 
Dollars  $3,000.00 

For  the  year  ending  June  30th,  1916,  Twelve  Thousand 

Five  Hundred  Dollars  $12,500.00 

For  machinery  and  wells,  State  Reform  School,  out  of 

the  revenues  of  1914,  Two  Thousand  Dollars $2,000.00 

For  paying  amount  due  on  lands  State  Reform  School 

out  of  revenues  of  1914,  Seven  Thousand  Dollars. . .  .$7,000.00 

For  erection  of  new  buildings,  State  Reform  School,  out 
of  the  revenues  of  1915.  Forty-Eight  Thousand  Five 
Hundred  Dollars  $48,500.00 

SOUTHERN   UNIVERSITY. 

For  support  and  maintenance  for  year  ending  June 

30th,  1915,  Ten  Thousand  Dollars $10,000.00 

For  year  ending  June  30th,  1916,  Ten  Thousand  Dol- 
la?-s  $10,000.00 

For  new  buildings,  Twenty-Five  Thousand  Dollars.  .$25,000.00 


INDEX 


CONSTITUTIONAL    PROVISIONS. 

Page 

Books  for  Indigent  Pupils 8 

Debt  due  A.  &  M.  College 8 

Debt  due  Seminary  Fund 8 

Eligibility  to  Public  Office 9 

Establishment  of  Educational  Institutions 9 

Free  Schools  for  Children  between  6  and  18 4 

French    Language 5 

Inheritance    Tax 10 

Interest  due  Townships 8 

Louisiana  Industrial   Institute 7 

Louisiana  State   Normal   School « 7 

Louisiana  State  University 7 

Parish  School  Boards 4-5 

Parish    Superintendent 4-5 

Poll   Tax  kept  in  Parish 5 

Poll   Tax   of   $1.00 3 

Private  and  Sectarian   Schools 5 

Property  Exempt  from  Taxation 3 

School    Bonds 10-11 

Schools  Funds  Cannot  be  used  to  aid  religious  or  private  schools  3 

Schools    Funds — Sources 5-6-8 

Special    School   Tax 3-4-9 

State    Board    of   Education 2-4-5 

Southwestern    Louisiana   Industrial   Institute 7 

Southern    University 7 

State    Superintendent 4 

Three    Mill    Tax   for   Schools 6 

Tulane    University 7 

LEGISLATIVE    PROVISIONS. 
A 

Academy,   Sacred  Heart,    (A.   147,  '14) 71 

Adoption  of  Text  Books,   (S.  3,  A.  214,  '12) ii 22 

Agriculture   and   Home   Economics,    (A.   306,   '10) 132 

Agricultural    Schools — State   Appropriation 154 

Annual   Reports — Parish   Superintendents,    (S.   29,  A.   214,   '12 32 

Appropriation  for  Education,  1914-1915  and  1915-1916... ...152-158 

Associations,   Parish  Teachers,    (S.   39) 34 

Assessors'    Fees,    (A.    213,    '08) 74 

Attorneys  for  Public  Boards  (A.  125,  '12) 55-57 

Attorney  General,  Required  to  give  opinions,    (S.  26,  A.  214,  '12)  31 

B 

Bird   Day,    (S.    14,    A.    198,    '06).. 

Bonds   Forfeited,    (S.   64) 

Bonds,    School,    (A.    256,    '10) 103-107 

Branches    Taught,    (S.    16,    A.    214,   '12) , . . 

Budget  of  Revenues,    (S.   68,  A.   214,  '12) .' 42 


INDEX— Continued. 


Page 

Buildings,    Light    in 149 

Buildings,    Contracts   for,    (S.    7,   A.    214,   '12) 25 

Buildings,   Disinfecting -. 150 

C 

Centennial  Celebration  Battle  of  New  New  Orleans  (A.  144,  '14)  .  70 

Clerk  of  Court,  Report  on  Poll  Taxes  (A.  87,  '86) 117 

Closets 151 

Columbus  Day  (A.  56,  '10) 93 

Commissioner  of  Military  Records  (A.  73,  '12) 60 

Communicable   Diseases 150 

Compulsory  Education  for  Orleans  (A.  232,  '12) 62 

Compulsory  Education   (A.  91,   '14) 65 

Compulsory  Eduaction   (A.   131,  '14) 66-70 

Deducting  Fees  of  Witnesses  and  Jurors  for  Poll  Taxes   (A.  87,  '86) .  116 

Demonstration  Farms  Established  by  Police  Juries  (A.  145,  '12).  53 

Deposit  of  School  Funds   (A.  205,  '12) 13-21 

Diplomas  Approved  (SS.  51-62,  A.  214,  '12) 37-39 

Diseases,  Communicable 150 

Disinfecting  School  Buildings 150 

Dismissal  of  Teachers  (S.  46,  A.  214,  '12) 36 

District  Attorney,  Counsel  for  School  Board  (S.  8,  A.  214,  '12) 25 

Doors  Opening  Outward  (A.  91,  '08) 133-149 

Domestic  Science  Schools,  State  Appropriation 154 

Donations  to  Public  Schools  (A.  158,  '04) 74 

Draining    School   Premises 150 

D 

Drinking    Cups 151 

Drinking  Water 151 

E 

Education,  Compulsory  for  Orleans  (A.  73,  '12) 62 

Election,  Special  School  Tax 95-107 

Enumeration  of  School  Children  (S.  69,  A.  214,  '12) 43 

Expropriation  of  Property  for  School  Sites   (S.  1492,  R.   S.,  and 

A.  227,  '02) 75 

Examination  of  Teachers   (SS.  47-58,  A.  214,  '12) 36-37 

Examining  Committee 36-37 

Exemptions  from  Examinations   (A.  279,  '14) 

Exemptions  from  Examinations   (SS.  51-62,  A.  214,  '12) 37-39 

Exemptions  from  Jury  Duty  (A.  89,  '94) 133 

F 

Farmers'  Co-Operation  Demonstration  Work  (A.  69,  '12) 

Fees  of  School  Children  (S.  9,  A.  214,  '12) 26 

Fees  of  Assessors   (A.  213,  '08) 

Fees  of  Tax  Collector  (SS.  1-2,  A.  181,  '08) 

Fines  and  Forfeited  Bonds  (S.  64,  A.  214,  '02) 

Fiscal  Agent   (A.  205,  '12) 13-21 

Flag,  Improper  Use  of  (A.  34,  '12) 

Flag,  Official  for  Louisiana  (A.  39,  '12) 

Forfeited  Bonds  (S.  1044,  R.  S.) 99 


INDEX— Continued. 


Page 

Free  Passage  over  Ferries,  etc.  (S.  10,  A.  214,  '12) 26 

Free  School  Fund  (S.  2957,  R.  S.) .".'.]          131 

Funds  of  Towns  on  Recision  of  Charters  (A.  173,  '04) 130 

Funds,  Deposit   (A.  205,  '12) 13-21 

Funds  of  Public  Schools,  Sources  (S.  2957,  R.  S.) 131 

G 

Garbage  Cans 151 

Graduates  Exempted  from  Certain  Examinations   (SS.  60-62,  A. 

214,    '12) 37-39-73 

H 

Health  Certificates,  Teachers 149 

High  Schools,  How  Created  (S.  9,  A.  214,  '12) 26 

High  Schools,  State  Appropriation 154 

Home  Economics  and  Agriculture  (A.  306,  '10) 133 

I 

Incidental  Fees  (S.  9,  A.  214,  '12) 26 

Indemnity  Lands,  How  Disposed  of  (A.  217,  '02) 128-129 

Indemnity  Lands   (A.  123,  '12) 62 

Inheritance  Tax  (A.  42,  '12,  and  A.  45,  '04) 59,  107-115 

Institute   for  Blind 143-144 

Institute  for  Deaf  and  Dumb 144-145 

Institute,   Teachers 33-36 

Intoxicating  Liquors  (A.  55,  '14) 65 

Inspectors,  Provisions  for  (A.  248,  '14) 72 

Interest  on  Deposit  Funds  (S.  1328,  R.  S.) 94 

J 

Jurors,  Fees  Deducted  (A.  87,  '86) 116 

K 

Kindergarten  Departments  (S.  16,  A.  214,  '12) 28 

L 

Lake  Beds,  Proceeds  to  Schools  (SS.  1-7,  A.  124,  '02) 123 

Lake  Charles,  Divorced  from  Parish  (A.  90,  '06) 77-80 

Lectures  on  Sanitation 151 

Libraries  for  Schools  (SS  1-6,  A.  202,  '06) 134-185 

Light  in  School  Buildings 149 

Local  Trustees  (S.  18,  A.  214,  '12) 28 

Location  of  Schools  (S.  7,  A.  214,  '12) 25 

Louisiana  Blind  Institute 143 

Louisiana  Deaf  and  Dumb  Institute 144 

Louisiana  Industrial   Institute 142 

Louisiana  Southwestern  Industrial  Institute 142-143 

Louisiana  State   Normal   School 139-141 

Louisiana  State   University 136-139 

Loyola  University  (A.  136,  '12) 63 


INDEX— Continued. 

M  Page 

Military   Records , 59 

Minimum  Number  of  Pupils  (S.  11,  A.  214,  '12) 26 

N 

Newcomb  College,  Teachers'  Course  (A.  279,  '14) 73 

Number  of  Pupils  to  Constitute  a  School  (S.  11,  A.  214,  '12) 26 

O 

Office  of  Parish  Superintendent  at  Parish  Seat  (S.  32,  A.  214,  '12)  33 

Overlapping  Boards   (S.  5,  A.  214,  '12) 23-24 

Orleans  Schools   (SS.  70-77,  A.  214,  '12) 44-50 

1.  Assistant  Superintendents   (S.  71) 45 

2.  Attendance  Officer  (S.  71) '.  . . .  45 

3.  Budget   (S.  77) 50 

4.  City  Council  (S.  77) 50 

5.  Compulsory  Education    (A.   232,  '12)....'. 62 

6.  Duties  of  Board   (S.  72) 45-46 

7.  Duties  of  Superintendent  (S.  74) 48 

8.  Enumeration  of  Educables  (S.  72) 48 

9.  Filling  Vacancies   (S.  70) 44 

10.  Examination  of  Teachers   (S.  72) 46 

11.  School  Board  (S.  70) 44 

12.  Superintendent  of  Schools   (S.  70) 45 

13.  Secretary  (S.  71) 45 

14.  Teachers'  Retirement  Fund  (A.  116,  '10) 80-90 

15.  Treasurer  (SS.  75-76) 49 

P 

Parish  Associations,  Teachers'   (S.  39,  A.  214,  '12) 34 

Parish  Experimental  Farms   (A.  145,  '12) 53 

Parish  School  Boards,  How  Elected  (S.  5,  A.  214,  '12) 23 

Parish  School   Boards,   Duties 24-25-26-27 

Parish  Superintendent's  Annual  Report  S.  29,  A.  214,  '12) 32 

Parish  Superintendent's  Duties 32-33 

Parish  Superintendent,  Election    (S.   7,  A.   214,   '12) 24 

Parish  Superintendent,  Qualifications  (S.  27,  A.  214,  '12) 31 

Parish  Superintendent,  Records  (S.  30,  A.  214,  '12) 32 

Parish  Superintendent,  Removal  (S.  7,  A.  214,  '12) 24 

Parish  Superintendent,  Minimum  Salary  (S.  27,  A.  214,  '12) 32 

Parish  School  Boards,  Meetings  (S.  7,  A.  214,  '12) 25 

Peace  Day   (A.  144,  '14) 70 

Plans  of  School  Buildings 148 

Poll  Taxes  (A.  89,  '88,  and  A.  87,  '86) 115-117 

Poll  Taxes,  Duty  of  Tax  Collector  (SS.  1-2-3,  A.  89,  '88) 115 

Police  Juries,  Demonstration  Farms  (A.  145,  '12) 53 

Poll  Taxes,  Orleans  (A.  56,  '94) 117 

Prescription  of  Debts  (A.  103,  '80) 131 

President  of  School  Board  (S.  7,  A.  214,  '12) 24 

President  School  Board,  Duties  (S.  17,  A.  214,  '12) 28 

Prosecution,  Sale  of  Intoxicating  Liquors  (A.  55,  '14) 65 

Pupils,  Minimum  (S.  11,  A.  214,  '12) 26 


INDEX— Continued. 

Q  Page 

Quarterly  Reports  to  State  Supervisor  of  Public  Accounts  SS.    5- 

10,  A.  25,  10) 90-92 

R 

Records  Kept  by  Superintendents  and  Teachers  (S.  63,  A.  214,  '12)  40 

Records,   Military 59 

Religious  Schools,  No  State  Funds  (S.  12,  A.  214,  '12) . .  26 

Reports  of  Parish  Superintendents   (S.  4,  A.  214,  '12) 23-32 

Reports  of  State  Institutions  (S.  23,  A.  214,  '12) ; . . .  30 

Revenues,  Budget  (S.  68,  A.  21 4,  '12) 42 

S 

Sacred  Heart  Academy  (A.  147,  '14) 71 

Salary,  Superintendent  (S.  27,  A.  214,  '12) 32 

Sanitary  Regulations 148-152 

School  Boards,  Overlapping  (S.  5,  A.  214,  '12) 23-24 

School  Bonds  (A.  256,  '10) 103-107 

School  Boards,  Attorneys  for   (A.  125,  '12) 55 

School  Children's  Fees   (S.  9,  A.  214,  '12) ..'.:'..  26 

School  Districts    (S.   13,  A.   214,  '12) .' .'....  27,64 

School  Districts  in  Two  Parishes   (SS.  14-15,  A.  214,  '12). 27,64 

School  Children,  Enumeration   (S.   69,  A.  214,  '12) 43 

School  Libraries   (SS.  1-6,  A.  214,  '12) ..134-135 

School  Session,  Daily  (S.  16,  A.  214,  '12) 28 

School  Sites,  Expropriation  (S.  1492,  R.  S.) 75 

School  Treasurer,  Duties  (SS.  65-67,  A.  214,  '12) > 41-42 

School  Fund,  How  Applied  (S.  1327,  R.  S.) 94 

School  Fund,  How  Disbursed  (S.  67,  A.  214,  '12) 42 

School  Houses,  Changing  Location  (S.  7,  A.  214,  '12) 25 

School  Lands,  Donated  to  State 128-129 

School  Lands,  Protection  of  Game  (A.  44,  '14) 64 

Schools,  How  Created  (S.  1,  A.  214,  '12) 25 

Sisters  of  Divine  Providence  (A.  306,  '14) 73 

Sixteenth  Sections: 

1.  Annulling  Sale  for  Non-Payment  (S.  2965,  R.  S.) 121 

2.  Collecting  Notes  (SS.  1-4,  A.  57,  '84) 121-122 

3.  Fixing  Capital  Due  Schools  (A.  96,  '86) 123 

4.  Interest  Paid  by  State  Treasurer  (S.  2963,  R.  S.) 120 

5.  Compensation   of  Attorneys    (A.   158,  '10) 122-127 

6.  Lease  of  Lands 124 

7.  Lease  of  Oil  and  Mineral  Rights 125-126 

8.  Recovery  of   Sixteenth   Sections 127 

9.  Rights  of  Way  Over  (A.  14,  '08) 118 

10.  Sale  of  Uninhabitable  Lands  (A.  168,  '04) 120 

11.  Sale  of  Timber 124 

12.  Sale  of  16th  Sections  (SS.  2958-2959-2960,  R.  S.) 119 

13.  Trespass  (A.  14,  '82,  and  A.  158,  '10) 

14.  Treasurer's  Commission  (A.  33,  '59) 120 

15.  Statement  by  Attorney  General  and  Registrar  Showing  Lo- 

cation (A.  11,  '12) 50 

16.  Survey  of  (S.  2959,  R.  S.) 117 

17.  Swamp  Lands,  Sale  of  (A.  151,  '12) 

18.  Vote  Against  Sale  of  (A.  54,  '10) 124 


INDEX— Continued. 


Page 

Spitting  on  Floors  of  School  Houses 132,  149 

Special  School  Tax  Elections  (A.  256,  '10) 95-107 

Special  Sources  of  Revenue 132 

Southern  University,  Changing  Location  (A.  118,  '12) 54 

State  Board  of  Education,  Organization  (S.  1,  A.  214,  '12) 22 

State  Board  of  Education,  Duties  (S.  3,  A.  214,  '12) 22 

State  Superintendent,  Duties  (SS.  19-25,  A.  214,  '12) 29-30-31 

State  Treasurer,  Accounts  (S.  1326,  R.  S.) 94 

State  Institute  Conductor,  Duties  (S.  42,  A.  214,  '12) 35 

Subjects   Taught    (S.   16,   A.   214,   '12) 28 

Suspension  of  Pupils  (S.  64,  A.  214,  '12) ' 41 

Supervisor  of  Public  Accounts,  Quarterly  Reports  (SS.  5-10) 90-92 

Superintendents  Report  to  State  Board  of  Health 152 

Sweeping  Floors  of  School  Buildings 149 

Supreme  Court  Decisions: 

1.  Apportioning  School  Funds 145 

2.  All  School  Funds  Handled  by  Parish  School  Board 147 

3.  Discipline,  Authority  of  Teacher 145-146 

4.  District  Attorney,  No  Fee  on  Fines 146 

5.  Property  Exempted  from  Taxation  Pays  No  Special  School 

Taxes 147 

6.  Members  of  Partnership  Vote  in  Special  Elections 147 

7.  Persons  Who  Have  Sold  Their  Property  Cannot  Vote  It  in 

Special  Tax  Elections 147 

8.  When  Widows  Can  Vote  in  Special  Tax  Elections 147 

9.  School  Houses  Cannot  Be  Used  as  Theaters 147 

T 

Tax  Collector,  Fees  (SS.  1-2,  A.  181,  '08) 92 

Teachers'  Certificates   (S.  48,  A.  214,  '12) 37-38-39 

Teachers,  Examination  of  (SS.  47-58,  A.  214,  '12) 36-39 

Teachers'  Authority  (S.  64,  A.  214,  '12) 41 

Teachers,  Election  of  (S.  7,  A.  214,  '12) 25 

Teachers,  Dismissal   (S.   46) 36 

Teachers'  Institutes    (SS.   34-45,  A.   214,  '12) 33-36 

Testing  Eyes  of  Pupils  (A.  292,  '08) 76 

Text-Books,  Adoption  of  (S.  2,A.  214,  '12) 22-23 

Treasurer,    School 41 

Trustees,  Local  (S.  18,  A.  214,  '12) 28 

Tuition  Fees  (S.  15,  A.  214,  '12) 27 

U 

Uniformity  of  Text-Books  (S.  3,  A.  214,  '12) 22-23 

Ursuline  Nuns  (A.  14,  '12) 63 

V 

Vacancies  in  Parish  School  Boards,  Filling  (S.  5,  A.  214,  '12) 24 

Vaccination  of  Pupils 150 

Ventilation  of  School  Buildings 149 

W 

Witness  and  Jurors,  Deducting  Fees  (A.  87,  '86) 116 


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